when water is designated basin water, the matter is now before the Commission to make this determination. Status: The hearing was held January 22 - 24, 2013 before the Hearing Officer.
<br /> The Hearing Officer issued the Initial Decision of the Hearing Officer on April 25, holding that the applicant must determine what portion of the water claimed in the water court application
<br /> historically contributed to the water supply of the designated basin and subtract that out from the surface water claim. An appeal of the Initial Decision was submitted to the Commission
<br /> and the Commission upheld the Initial Decision. Meridian appealed the Commission’s decision to the district court and trial was held July 29 – 31, 2014. The District Court held
<br /> in favor of the Management District and the Commission, finding that a portion of the water claimed by Meridian is designated ground water over which the Commission has jurisdiction.
<br /> Meridian has appealed the matter to the Supreme Court. FRONT RANGE RESOURCES Case No. 13-GW-7 Designated Basin: Lost Creek Management District: Lost Creek Attorney: Jen
<br /> Mele Subject: Front Range Resources filed for a replacement plan. Objections were filed by Equus Farms Inc., Lost Creek Land and Cattle Company and the Lost Creek Ground Water Management
<br /> District. Status: The matter is set for a 15 day trial starting February 23, 2015 before the hearing officer. GOURLEY, BLAKE & CHELSEA Case No. 14-GW-1 5 Designated Basin:
<br /> Southern High Plains Management District: Southern High Plains Attorney: Jen Mele Subject: Applicants filed an application for a new well. Objections were filed by Don and Morgan
<br /> Foster. Status: The Morgans’ objection is based on alleged injury a small capacity livestock well more than one mile from the subject well. Because under the Rules spacing requirements
<br /> are one half mile, and because the Rules direct Staff to look at injury to large capacity wells not small capacity wells when considering permit applications for large capacity wells,
<br /> Staff filed a motion for summary judgment asking the hearing officer to dismiss the matter and remand to Staff for issuance of the permit. The hearing officer granted the motion and
<br /> the matter was remanded to Staff for issuance of a permit. MERIDIAN SERVICE METRO. DIST. Case No. 14-GW-2 Designated Basin: Upper Black Squirrel Management District: Upper
<br /> Black Squirrel Attorney: Jen Mele Subject: Applicants filed an application for six new wells, which are French drains that were discussed in Case No. 12-GW-10. Objections were filed
<br /> by Staff, Farmers and Upper Black Squirrel Ground Water Management Dist. Status: The matter was dismissed by the Hearing Officer after the applicant presented its case at the
<br /> hearing that began on January 14. GARDNER, JAMES T. (deceased) Case No. 14-GW-3 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Attorney:
<br /> Jen Mele Subject: Application for a change in description of irrigated acres. An objection was filed by the Upper Black Squirrel Creek Ground Water Management District. Status:
<br /> The executor for the estate of James T. Gardner, Jim Stata, has indicated that he no longer wishes to pursue the change application. The matter has been remanded to staff and closed
<br /> MERIDIAN SERVICE METRO. DIST. Case No. 14-GW-4 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Attorney: Jen Mele 6 Subject: Applicants filed
<br /> an application for a change in place of use for eight Determinations of Water Right. The Colorado State Board of Land Commissioners filed an objection. Status: The State Land
<br /> Board withdrew its objection and the application was remanded to Staff for processing. WAYNE H. ROTH Case No. 14-GW-5 Designated Basin: Upper Crow Creek Management District:
<br /> Upper Crow Creek Attorney: Jen Mele Subject: Applicants filed an application to change the use of two wells. An objection was filed by the Nussbaum Ranch. Status: Nussbaum
<br /> Ranch withdrew the objection and the matter has been remanded to staff for processing. TOM MAY Case No. 14-GW-6 Designated Basin: Northern High Plains Management District:
<br /> Plains Attorney: Jen Mele Subject: Applicants filed an application to change in type of use of three wells. An objection was filed by David Aranci. Status: The objector
<br /> has withdrawn his objection and the matter remanded to Staff for processing.
<br />Agenda2015Feb.docx NOTICE OF GENERAL MEETING OF THE
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />10:00 a.m., Friday, February 20, 2015
<br />1313 Sherman St., Room 318
<br />Denver, CO 80203
<br />A G E N D A
<br />Determine quorum
<br />Review and approval of agenda items
<br />Approval of Minutes for Meeting of November 21, 2014
<br />Report of the Executive Director by State Engineer Dick Wolfe
<br />Commissioners’ Reports
<br />Legislative update by Kevin Rein
<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 if the Board has questions about the litigation.
<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 BreAnn Ferguson
<br />Southern High Plains GWMD by Max Smith
<br />North KiowaBijou GWMD by Robert Loose
<br />Upper Black Squirrel GWMD by Tim Hunker
<br />Upper Big Sandy GWMD by Dave Taussig
<br />Lost Creek by GWMD by Thomas Sauter
<br />Upper Crow Creek Basin by Scott Tietmeyer
<br />Republican River Water Conservation District by Deb Daniel
<br />Old Business
<br />New Business
<br />Petition for Relief from Raymond, Steve, and Gary Beedy
<br />Public Comments
<br />Executive Session (if needed)
<br />Adjournment
<br />
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />February 21, 2014
<br />Agenda2015Feb.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 November 21, 2014 4. Report of the Executive Director by State Engineer
<br /> Dick Wolfe 5. Commissioners’ Reports 6. Legislative update by Kevin Rein 7. Staff Report by Keith Vander Horst 8. Report of the Attorney General by Jen Mele. This is a background
<br /> 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 if the
<br /> Board has questions about the litigation. 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
<br /> by Rod Mason d. Plains and East Cheyenne GWMDs by BreAnn Ferguson e. Southern High Plains GWMD by Max Smith f. North Kiowa-Bijou GWMD by Robert Loose g. Upper Black Squirrel GWMD by
<br /> Tim Hunker h. Upper Big Sandy GWMD by Dave Taussig i. Lost Creek by GWMD by Thomas Sauter j. Upper Crow Creek Basin by Scott Tietmeyer k. Republican River Water Conservation District
<br /> by Deb Daniel 10. Old Business 11. New Business a. Petition for Relief from Raymond, Steve, and Gary Beedy 12. Public Comments 13. Executive Session (if needed) 14. Adjournment
<br /> NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 20, 2015 1313 Sherman St., Room 318 Denver, CO 80203 A G E N D A
<br />Agenda2015Feb_Amended.docx NOTICE OF GENERAL MEETING OF THE
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />10:00 a.m., Friday, February 20, 2015
<br />1313 Sherman St., Room 318
<br />Denver, CO 80203
<br />A G E N D A - AMENDED
<br />Determine quorum
<br />Review and approval of agenda items
<br />Approval of Minutes for Meeting of November 21, 2014
<br />Report of the Executive Director by State Engineer Dick Wolfe
<br />Commissioners’ Reports
<br />Legislative update by Kevin Rein
<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 if the Board has questions about the litigation.
<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 BreAnn Ferguson
<br />Southern High Plains GWMD by Max Smith
<br />North KiowaBijou GWMD by Robert Loose
<br />Upper Black Squirrel GWMD by Tim Hunker
<br />Upper Big Sandy GWMD by Dave Taussig
<br />Lost Creek by GWMD by Thomas Sauter
<br />Upper Crow Creek Basin by Scott Tietmeyer
<br />Republican River Water Conservation District by Deb Daniel
<br />Old Business
<br />New Business
<br />Petition for Relief from Raymond, Steve, and Gary Beedy
<br />In the matter of the application by Front Range Resources for a Replacement Plan, case no. 13-GW-07
<br />Public Comments
<br />Executive Session (if needed)
<br />Adjournment
<br />
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />February 21, 2014
<br />Agenda2015Feb_Amended.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 November 21, 2014 4. Report of the Executive Director by State Engineer
<br /> Dick Wolfe 5. Commissioners’ Reports 6. Legislative update by Kevin Rein 7. Staff Report by Keith Vander Horst 8. Report of the Attorney General by Jen Mele. This is a background
<br /> 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 if the
<br /> Board has questions about the litigation. 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
<br /> by Rod Mason d. Plains and East Cheyenne GWMDs by BreAnn Ferguson e. Southern High Plains GWMD by Max Smith f. North Kiowa-Bijou GWMD by Robert Loose g. Upper Black Squirrel GWMD by
<br /> Tim Hunker h. Upper Big Sandy GWMD by Dave Taussig i. Lost Creek by GWMD by Thomas Sauter j. Upper Crow Creek Basin by Scott Tietmeyer k. Republican River Water Conservation District
<br /> by Deb Daniel 10. Old Business 11. New Business a. Petition for Relief from Raymond, Steve, and Gary Beedy b. In the matter of the application by Front Range Resources for a Replacement
<br /> Plan, case no. 13-GW-07 12. Public Comments 13. Executive Session (if needed) 14. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday,
<br /> February 20, 2015 1313 Sherman St., Room 318 Denver, CO 80203 A G E N D A - AMENDED
<br />Agenda2015Feb_Draft.docx NOTICE OF GENERAL MEETING OF THE
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />10:00 a.m., Friday, February 20, 2015
<br />1313 Sherman St., Room 813
<br />Denver, CO 80203
<br />A G E N D A
<br />Determine quorum
<br />Review and approval of agenda items
<br />Approval of Minutes for Meeting of November 21, 2014
<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. _ for discussion in Executive Session if the Board has questions about the litigation.
<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 BreAnn Ferguson
<br />Southern High Plains GWMD by Max Smith
<br />North KiowaBijou GWMD by Robert Loose
<br />Upper Black Squirrel GWMD by Tim Hunker
<br />Upper Big Sandy GWMD by Dave Taussig
<br />Lost Creek by GWMD by Thomas Sauter
<br />Upper Crow Creek Basin by Scott Tietmeyer
<br />Republican River Water Conservation District by Deb Daniel
<br />Old Business
<br />New Business
<br />Public Comments
<br />Executive Session (if needed)
<br />Adjournment
<br />
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />February 21, 2014
<br />Agenda2015Feb_Draft.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 November 21, 2014 4. Report of the Executive Director by State Engineer
<br /> Dick Wolfe 5. Commissioners’ Reports 6. Staff Report by Keith Vander Horst 7. Report of the Attorney General by Jen 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. 12 for discussion in Executive Session if the Board has questions about the litigation.
<br /> 8. 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 and East Cheyenne
<br /> GWMDs by BreAnn Ferguson e. Southern High Plains GWMD by Max Smith f. North Kiowa-Bijou GWMD by Robert Loose g. Upper Black Squirrel GWMD by Tim Hunker h. Upper Big Sandy GWMD by Dave
<br /> Taussig i. Lost Creek by GWMD by Thomas Sauter a. Upper Crow Creek Basin by Scott Tietmeyer b. Republican River Water Conservation District by Deb Daniel 9. Old Business 10. New Business
<br /> 11. Public Comments 12. Executive Session (if needed) 13. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 20, 2015 1313
<br /> Sherman St., Room 813 Denver, CO 80203 A G E N D A
<br />BeedyPetition.pdf .
<br />BEFORE THE GROUND WATER COMMISSION, STATE OF COLORADO CASE NO. __________ PETITION FOR RELIEF FROM ACTIONS OF COLORADO GROUND WATER COMMISSION AND ITS STAFF PURSUANT TO § 37-90-114,
<br /> C.R.S. Petitioner: RAYMOND BEEDY, STEVE BEEDY and GARY BEEDY v. Respondents: COLORADO GROUND WATER COMMISSION and GROUND WATER COMMISSION STAFF Petitioners, Raymond Beedy, Steve Beedy,
<br /> and Gary Beedy, (collectively “the Beedys”) by and through undersigned counsel, files this Petition for Relief from Actions of Colorado Ground Water Commission (the “Commission”) and
<br /> its Staff (the “Staff”) Pursuant to § 37-90114, C.R.S. Specifically the Beedys request that the Commission: 1) declare invalid, null and void orders from Staff limiting the Beedys’
<br /> use of their two wells to piscatorial use contrary to the express provisions of the permits for commercial use; 2) determine that the Beedys have the right to sell water at the wellhead
<br /> from the two wells for commercial purposes, including for oil and gas development; and 3) instruct Staff to refrain from further interfering with the Beedys’ use of the two wells for
<br /> commercial purposes. PARTIES 1. Raymond Beedy owns the Beedy Farm and Ranch, first settled in Lincoln County in 1893, and one of Colorado’s Centennial Farms. Raymond Beedy’s two sons
<br /> Steve and Gary are responsible for the day-to-day operations of Beedy Farm and Ranch. 2. Together with the Farm and Ranch, the Beedys own certain wells that are the subject of this
<br /> petition, described in detail below. 3. The Commission was created by statute at C.R.S. § 37-90-104, and has the powers set out in C.R.S. § 37-90-111. The State Engineer, Dick Wolfe
<br /> serves as the ex officio executive director of the Commission. 4. Pursuant to C.R.S. § 37-90-111, the Commission may delegate to the executive director the authority to perform any
<br /> of the functions of the Commission set forth in that 2 provision. By resolution dated May 21, 1993, the Commission delegated to the executive director all powers granted to the Commission
<br /> in the Ground Water Management Act of 1965 except those powers specifically reserved under C.R.S. § 37-90-104(6). 5. The Staff carries out the tasks delegated to the executive director.
<br /> Among the tasks delegated to Staff is the administration of large capacity wells within the designated basins. Members of Staff currently include but are not limited to Designated
<br /> Basin Team Leader Keith Vander Horst. JURISDICTION 6. As described in detail below, the Beedys have beeninjured by the actions of the Staff and as a result, the Commission has jurisdiction
<br /> pursuant to C.R.S. § 37-90-114 to consider and grant the relief requested in this petition. GENERAL ALLEGATIONS 7. The wells at issue are represented by Final Permit Nos. 35423-FP and
<br /> 37055-FP, which were issued on August 23, 2002 and September 13, 2002, respectively (collectively these structures and rights to use water are referred to as the “Wells”). Copies of
<br /> the Wells’ permits are attached as Exhibit A and Exhibit B. 8. Well permit applications for the Wells were received by the Division of Water Resources on March 1, 1989 and February
<br /> 21, 1990, respectively. Copies of the Wells’ permit applications are attached as Exhibit C and D. The applications sought to appropriate ground water for multiple uses: the application
<br /> for well permit 37055-F indicated that a permit was sought for commercial, irrigation, and “other” described as piscatorial; the application for well permit 35423-FP indicated that
<br /> a permit was sought for domestic, livestock, commercial, irrigation, and “other,” again described as piscatorial. Exhibit C at 1; Exhibit D at 1. 9. When the applications were filed,
<br /> multiple uses of the Wells had been made and were contemplated to continue, as evidenced by the applications which indicated that the Wells would be used for several purposes including
<br /> “commercial” use. The Beedy family had previously sold water from the Wells for oil and gas exploration in the area in the 1970s. At the time the permit applications were filed, the
<br /> Beedys also contemplated raising salmon using water from the Wells. The well that would ultimately receive permit number 35423-F was hand dug by Elva Beedy in 1906 and had been used
<br /> for multiple ranch purposes for decades including supplying stock water and the family’s domestic water supply, as it continues to do today. Due to the wide range of potential commercial
<br /> uses of the Wells, the Beedys were told by Staff to include “commercial” as a use on each permit application. 10. Conditional permits were issued in 1989 and 1990, respectively, for
<br /> multiple uses. Conditional permit 37055-F included uses for “commercial, piscatorial, and irrigation of 3 100 acres” as permitted uses and similarly, conditional permit 35423-F permitted
<br /> uses for “domestic, livestock, commercial, piscatorial and irrigation of 40 acres.” Exhibit C at 1; Exhibit D at 1. 11. Beneficial use statements for the Wells were filed in 1993.
<br /> The beneficial use statements submitted for each well indicated that each was used for multiple purposes, including “commercial.” Specifically, the Statement of Beneficial Use for
<br /> well permit number 35423-F provides that “the well is being used for the following purposes: Domestic, Livestock, Commercial, Irrigation, Piscatorial.” Copies of the beneficial use
<br /> statements are attached as Exhibit E and Exhibit F. 12. Before final permits were issued for the Wells, the applications were published in the Eastern Colorado Plainsman newspaper;
<br /> each notice included “commercial” as one of the uses of each Well. Copies of the proof of publication are attached as Exhibit G and Exhibit H. 13. Final permits for the Wells were
<br /> issued in 2002. 14. No one, including the Staff, objected to issuance of final permits for the Wells. 15. Despite the multiple uses allowed in the conditional permits and the uses claimed
<br /> in the statements of beneficial use, the permitted uses for the Wells in the final permits were listed as “commercial” and “irrigation.” Exhibit A; Exhibit B. 16. Commercial use is
<br /> not a defined term in the Colorado Revised Statutes, 2 CCR 410-1, Rules and Regulations for the Management and Control of Designated Ground Water, or any other Division of Water Resources
<br /> policy. Black’s Law Dictionary defines “commercial” as the “generic term for most all aspects of buying and selling.” Black’s Law Dictionary 270 (6th ed. 1990). 17. By letter dated
<br /> October 14, 2014 (the “Cease and Desist Order”), Keith Vander Horst, Designated Basins Team Leader, ordered the Beedys t o “immediately cease all unpermitted uses, specifically including
<br /> the sale of any water, from the wells with permit nos. 35423-FP, 37055-FP, and 156486.”1 Cease and Desist Order at 2, attached as Exhibit I. 18. The Cease and Desist Order states that
<br /> the Wells may only be used for “raising, processing, and sale of fish, and . . . irrigation.” Cease and Desist Order at 1-2. 19. The Cease and Desist Order goes on to state that “[i]f
<br /> we [Staff] discover that any of the wells are being used for any unpermitted uses, we will pursue additional legal action which will include cease and desist orders that carry fines
<br /> of up to five hundred dollars per day for each day said order is violated.” Cease and Desist Order at 2. 1 This petition does not pertain
<br /> to Staff’s order as it relates to well permit no. 156486. 4 20. The Cease and Desist Order precludes any use of the Wells because it simultaneously states that they cannot be used for
<br /> any “unpermitted uses” while limiting their use to piscatorial purposes, a use that is not permitted under either of the final permits. 21. There is no basis in law or fact for the
<br /> Staff’s curtailment of the Wells to only allow “raising, processing, and sale of fish” and irrigation use. 22. Pursuant to § 37-90-114, C.R.S., “[a]ny person claiming to be injured
<br /> within the boundaries of a designated groundwater basin by any act of the state engineer or commission under the provisions of this article, . . . shall file a written petition with
<br /> the commission stating the basis of the alleged injury.” 23. The Beedys have been injured by the actions of Staff in its curtailment of the lawful, permitted uses of the Wells and as
<br /> a result, make the following requests for relief. FIRST CLAIM FOR RELIEF INVALIDATION OF THE CEASE AND DESIST ORDER 24. The preceding allegations are incorporated herein by this reference.
<br /> 25. Staff’s Cease and Desist Order attempts to unilaterally change the permitted use of the Wells from “commercial” to “raising, processing, and sale of fish” and threatens further
<br /> legal action against the Beedys and/or imposition of fines of $500 per day, which has and will continue to cause injury. 26. Because there is no basis in law or fact for Staff’s curtailment
<br /> of the Wells or the unilateral change to the terms of the Well permits, the Beedys request that the Cease and Desist Order be determined null and void. SECOND CLAIM FOR RELIEF DECLARATION
<br /> OF RIGHT TO SELL WATER FROM WELLHEAD PURSUANT TO PERMIT 27. The preceding allegations are incorporated herein by this reference. 28. Water from the Wells had previously been sold for
<br /> oil and gas development. 29. The Wells were permitted for commercial use so that water from the Wells could continue to be sold at the wellhead for various commercial purposes. 30.
<br /> Therefore the Beedys request a declaration that they may lawfully sell water from the Wells at the wellhead for commercial uses pursuant to the final permits, including but not limited
<br /> to, the sale of the water for oil and gas development. 5 THIRD CLAIM FOR RELIEF AMENDMENT OF FINAL PERMIT NO.35423-FP 31. The preceding allegations are incorporated herein by this reference.
<br /> 32. The wellthat ultimately received permit number 35423-F has been used for domestic, livestock, commercial, and irrigation uses since it was hand dug in the early 1900s. 33. As it
<br /> always has, this well continues to provide the stock and domestic supply to the farm. 34. However, when the final permit issued for the well in 2002, domestic and livestock uses were
<br /> erroneously excluded from the permit and the Beedys failed to realize these uses had been inadvertently omitted. 35. Therefore the Beedys request that Final Permit No. 35423-FP be amended
<br /> to include domestic and livestock uses, in addition to the commercial and irrigation uses for which the well is currently permitted. WHEREFORE, the Beedys request that the Cease and
<br /> Desist Order be found null and void as having no basis in law or fact and that water from the Wells may be sold at the wellhead for commercial purposes that include the sale of water
<br /> for oil and gas development pursuant to the final permits for the Wells, together with all interest, costs, attorney fees, and damages allowed by law and for such other relief as is
<br /> just and proper. Finally, the Beedys also request that Final Permit No. 35423-FP be amended to include domestic and livestock uses in addition to the commercial and irrigation uses
<br /> currently permitted. REQUEST FOR HEARING Pursuant to § 37-90-114, C.R.S. the Beedys hereby request a hearing by the Commission on claims raised in this petition and request that the
<br /> same be added to the agenda of the next Ground Water Commission meeting in February 20, 2015 . Priority Date: Use: Ground Water Commission State of Colorado Final Permit No. 35423-FP
<br /> NORTHERN HIGH PLAINS DESIGNATED GROUND WATER BASIN March 1, 1989 COMMERCIAL, IRRIGATION Name of Claimant: RAYMOND E BEEDY Original Well Location: NE 1/4 of theSE 1/4 at a point 2430
<br /> feet from the South Section Line and 150 feet from the East Section Line of Section 18, Township 7 South, Range 53 West of the Sixth Principal Meridian. Maximum annual volume of appropriation:
<br /> 180 acre-feet Maximum pumping rate: 124 gallons per minute Number of acres which may be irrigated: 40 acres Totalizing Flow Meter: Meter required Description of acres irrigated: Part
<br /> of the E1/2 of E1/2 of Section 18, Township 7 South, Range 53 West, 6th P.M. l!!l:l Done this d3 day of -~A..:::u..~c;.c.=ti=..:~:.__ __ ,, 20 02. Hal D. Simpson State Engineer State
<br /> of Colorado William H Fronczak, P. Chief, Designated Basins Branch ,• .. ,!-VRJ-5-Rev~ 76 COLORADO DIVISION OF WATER RESOURCES 818 CentenAial 61dg .• 1313 Sherman St., Denvor, Colorado
<br /> 80203 PERMIT APPLICATION FORI\1 Application "ll"h£CEIVEO ,/ bo complete wherol'\ IJ") A PERMIT TO USE GROUND WATER applicable. Type or I I A PERMIT TO CONSTRUCT A WELL print in BLACK
<br /> MAR 0 1 \989 FOR: I XI A PERMIT TO INSTALL A PUMP INK. No overstrikes 'Or""erasures unless WAlEI SlllliQli.K&\ initialed. ~ -IIIGIIIfER .::: L~ ) REPLACEMENT FOR NO. -------c'l.":';:;~"':
<br /> ""· ;~ I OTHER -----------__..,,11"_ ,,.,-".":"·f) WATER COURT CASE NO.--~------"'fr __ eJ~OU J..',):J ~ CiJ ll8liO. (1) APPLICANT- mailing address NAME_~RA~:Y~M~O~N~D~E~-~SE:E:D~Y-~------------HCR
<br /> 66 SOX 14 STREET-~~=-~~~---------------CI TY _ _'G:':E~NO~A ____ _,C~O~L~OR~A~D~0~--89!0~8r:,1!-f8L__ (State) (Zip) TELEPHONE NO. 719 768-3263 (2) LOCATION OF PROPOSED WELL County LINCOLN
<br /> 1\E ~ of the SE %., Section 18 Twp, 7 __§_, Rng, 53 .J'L, 6 P.M. tN.~) !E,WI (3) WATER USE AND WELL DATA Proposed maximum pumping rate {gpm) _j1_,;l3>,!0 ______ _ Average annual amount
<br /> of ground water ~ Jf ~ to be appropriated {acre-feet): I 80 R'L c:; t!?CL Number of acres to be irrigated: . '9( JbJ tl25/'.;:! Proposed total depth {teet); -~1!;51<:2;__ _______ _
<br /> Aquifer ground water is to be obtained from: S~nd - Ogallala B~sin Owner's well designation _ 1:.__ __________ _ GROUND WATER TO BE USED FOR: I I HOUSEHOLD USE ONLY· no irrigation 101
<br /> {XJ DOMESTIC 111 I )INDUSTRIAL 151 (.X) LIVESTOCK 121 IX! IRRIGATION 161 (Xi COMMERCIAL {41 I I MUNICIPAL {81 I XI OTHER {91 PISCATORIAl DETAIL THE USE ON BACK IN (11) (4) DRILLER This
<br /> hand dug well was done Name by Elva Beedy in 1906 and is Fully plastered Street-----------------City Genoa Colorado (~t.tte) 80818 (Zip) Telip~~~e lff67d..:y:._;w:.::"::":....::d:::e:ce~a~s~q,,
<br /> NoJ,,;;9u:6l.11 ____ _ i~\;''\f'l'! ''· 1 Llo.J ... , 1:'28 ~ JO FOR OFFICE USE ONLY; DQ NOT WRITEJN.il-fislc"('iLUMN~;.',,' LHL L~DU Receipt No. q '7 5 5 iA-, / ..... '·-..:·:¥ 1 r"i~c;:''''5;''3-'
<br /> __ ··------~ \ ··-~:1. __ "'..::3::: .. ------Basin CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no materi"l injury to existing water rights. The issuance
<br /> of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil
<br /> court action. ~~R~~ A~~PR~~~fljgNo~7G~~7.ATER THROUGH A WELL DRILLED PURSUANT TO DOMESTIC AND LIVESTOCK PERMIT NO. 153732. 2) THE ANNUAL WITHDRAWAL OF GROUND WATER FROM 111IS WELL SHALL
<br /> NOT. EXCEED 180 ACRE-FEET. 3) THE MAXIMUM POOING RATE OF THE WELL Sl!ALL NOT EXCEED 130 G.P.M. u THE USE OF WATER ONDER THIS PERMIT IS LIMITED ANDDrg¥~l~toii~s:un6RE~~f~iN~Ig~A~~F THE
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