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conference was held on January 8, 2017, and the parties are still waiting to see how a Supreme Court ruling would affect the Water Court case. A further status conference has been scheduled for May 25, 2017. LGS HOLDING GROUP 2013, LLCCase No. 18GW02 18GW02 Designated Basin: Southern High Plains Management District: N/A Attorney: Philip Lopez Subject: Application for new wells and commingling of wells in Southern High Plains Designated Basin. Status: A number of parties have filed objections, including the Southwest Kansas Groundwater Management District No. 3. The case has been referred to the Hearing Officer and an initial status conference has been set for May 8, 2018 to set the matter for hearing. RULEMAKING PROCEEDING – RULE 7.4Case No. 17GW04 Designated Basin: All basins Management District: N/A Attorney: Philip Lopez Subject: Rulemaking to revise Rule 7.4 to require an applicant for a change of irrigated acreage to demonstrate to choose one of two options to demonstrate the change will not result in increased use of the well: (1) restrict the future number of acres to be irrigated to the historical average number of acres irrigated by the well; or (2) restrict the future use of the well to the historical depletion of the aquifer by the well, as demonstrated by a historical consumptive use analysis. < Status: At the April 9, 2018 special meeting, the Commission adopted changes to Rule 7.4., making them applicable to all applications filed after the adoption of the Rule on April 9, 2018. The Attorney General issued her opinion regarding the constitutionality of the Rule on April 11, 2018. The Rule was published in the Colorado Register on April 25, 2018, and will become effective on May 15, 2018. RULEMAKING PROCEEDING - RULES 5.6 & 5.8Case No. 17GW05 Designated Basin: All basins Management District: N/A Attorney: Jen Mele Subject: Rulemaking to revise Rules 5.6 pertaining to replacement plans and Rule 5.8 pertaining to aquifer storage and recovery plans. < Status: In its August 11, 2017 meeting the Ground Water Commission directed its Staff and Hearing Officer to proceed with the formal rulemaking process to amend Rules 5.6 and 5.8. <A notice of public rulemaking hearing scheduled for June 18-22, 2018 was published by the Secretary of State in the Colorado Register on December 10, 2017. However with the passage of HB18-1199 in April 2018, which provides specific statutory authority for the Ground Water Commission to approve plans for aquifer storage and recovery (ASR), Staff is revising its approach to ASRs in the revised rules. Instead of categorizing ASRs as replacement plans under Rule 5.6, Staff is instead proposing to keep ASRs under a separate rule, Rule 5.8. As a result the hearing has been moved to August 20-24, 2018 to give parties an opportunity to respond to the revised format. 2 6 AG Report2018-5-3 PL.docxATTORNEY GENERAL’S REPORT ATTORNEY GENERAL’S REPORT Cases involving the Colorado Ground Water Commission May 18, 2018 The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of May 4, 2018. cherokee metropolitan district </w:t></w:r><w:r w:rsidR="004A16ECase No. 08GW71 </w:t></w:r><w: </w:t></w:r><w:r><w:rPr><w:b/><w:13SA330 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Philip Lopez Subject: An application for approval of a replacement plan to make new appropriations from the alluvial aquifer within the basin. Objections were submitted by the District, along with four other water users in the basin. A hearing was held for two weeks in Denver beginning on June 8, 2009 during which the Applicants completed their initial presentation and the objectors began their presentations. An additional week of hearing scheduled for August 3 through 7, 2009 was vacated following a ruling from the Division 2 Water Court regarding Cherokee’s use of some of its wells, subject to further negotiations and amendment of the proposed replacement plan. This case was consolidated with change cases 08GW78 and 09GW15, and the trial was set to continue in January 2010. Status: In November of 2009, the Upper Black Squirrel Creek Ground Water Management District filed in district court, in Case No. 98CW80, for a declaratory judgment asking the court to determine whether under a 1999 Stipulation Cherokee is required to use its waste water as recharge for the basin or if that waste water can be claimed as replacement credit under a replacement plan. On June 17, 2013 the Court found that neither Cherokee nor Meridian is prohibited from claiming wastewater return credits for its replacement plan. UBS filed an appeal on December 18, 2013. The Supreme Court upheld the decision of the District Court under the 1999 Stipulation, but included in the decision ambiguous language as to whether Cherokee can use effluent as a source of replacement water in a replacement plan. Counsel for Cherokee filed a Motion for Determination of Question of Law on January 31, 2018 to clarify its use of effluent in its replacement plan. The Hearing Officer ordered Cherokee to publish notice of its requested relief sought in the Motion. Publication occurred on March 15 and March 22, 2018. Parties will discuss a timeline for responsive briefing on the Motion at the next status conference on May 11, 2018. cherokee metropolitan district </w:t></w:r><w:r w:rsidR="008C4F42">Case No. 08GW78 </w:t></w:r><w: </w:t></w:r><w:r w:rsidR="00FC0F61">09GW15 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Philip Lopez Subject: Applications to change the type and place of use of wells. Objections were submitted by the District and other water users in the basin. Both cases were consolidated with 08GW71. Status: See above. meridian service metro district </w:t></w:r><w:r w:rsidR="00EBCase No. 09GW11 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Philip Lopez Subject: Application for a change of water right. Two parties filed objections. Status: The hearing set for February 25 and 26, 2010 has been stayed because the water rights to be changed were for use in the replacement plan in 08GW71. The matter is stayed pending</ resolution of the issues in Case No. 98CW80 as described above for Cherokee Metro District’s replacement plan. < FRONT RANGE RESOURCES Case No. 13GW07 15CV30493</w:t></w:r></w:p><w:p w14:paraId="75B9903C" w14:textId="3CF924A3" w:rsidR="00567999" w:rsidRDefault="00567999" w:rsidP="005 Designated Basin: Lost Creek 16SA243</w:Management District: Lost CreekAttorney: Pat Kowaleski Subject: Front Range Resources filed for a replacement plan. Objections were filed by Equus Farms Inc., Lost Creek Land and Cattle Company, the Lost Creek Ground Water Management District and Staff. Status: The matter was dismissed by the Commission and appealed to the District Court where it was set for trial June 6-16, 2016. Defendants, including the Commission, filed a motion dismiss the application on the grounds that it is speculative because there are no binding contracts with actual end users for the water. On May 26, 2016 the Court ruled that Front Range Resources was seeking to appropriate and change water rights and that the anti-speculation doctrine does apply to the application. The Court further found that Front Range Resources’ existing contracts were not binding and do not constitute obligations to provide water, and that the proposed replacement plan did not detail how or if water would be used on land owned by Front Range Resources. <Front Range Resources appealed to the Supreme Court, and the Supreme Court issued an opinion on April 9, 2018 affirming the district court and holding that the anti-speculation doctrine applies to replacement plans and that Front Range Resources’ replacement plan was speculative. MERIDIAN SERVICE METROPOLITAN DISTRICTCase No. 16GW05 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Attorney: Paul Benington and Philip Lopez Subject: Petition for determination of jurisdiction pertaining to surface water in Pond B and Pond C. < < Status: This matter was filed on December 16, 2016 and no deadlines have been set. Upper Black Squirrel Creek GWMD and Booker Trusts are the only parties that have expressed interest in being parties, and Booker Trusts only to monitor the case. The Staff met informally with Upper Black Squirrel Creek GWMD and Meridian on May 15 to attempt to resolve all issues. <The Staff’s understanding is that that all parties appear to agree that the subject water is designated ground water, and will be presenting a stipulated proposed order for the Ground Water Commission’s consideration at the May 18, 2018 meeting. HUTTON EDUCATIONAL FOUNDATION V. REIN, ET AL. Case No. 15CW3018 Designated Basin: Northern High Plains Management District: Attorney: Chad Wallace, Pat Kowaleski Subject: Lawsuit filed by the Hutton Educational Foundation in an effort to make the State Engineer administer designated ground water rights and surface rights together 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: The Commission filed a motion to dismiss the second and third claims in which Hutton asserted that the Management Act and SB-52, amending the Act, were unconstitutional. The water court agreed and dismissed the second claim and part of the third claim. The water court held that it does not have jurisdiction over designated ground water and that the Commission must first determine whether designated ground water is implicated, and therefore the issue was not ripe. Hutton sought certification of the dismissal for appeal to the Colorado Supreme Court. The trial court certified its order of dismissal for appeal and stayed the remaining claims until the appeal is resolved. Hutton identified the issues for appeal to include the trial court’s dismissal and the underlying question of whether SB 10-52, amending the Management Act, is unconstitutional. Some of the defendants, joined by the Commission, filed a motion with the Supreme Court to limit the issues on appeal to the dismissal, and to exclude any arguments on the constitutionality of Management Act statutes. The Supreme Court granted the motion to limit the appeal to the water court’s dismissal. The Supreme Court heard oral argument on November 14, 2017, and the parties are awaiting a decision. A status conference was held on January 8, 2017, and the parties are still waiting to see how a Supreme Court ruling would affect the Water Court case. A further status conference has been scheduled for May 25, 2017. LGS HOLDING GROUP 2013, LLCCase No. 18GW02 18GW02 Designated Basin: Southern High Plains Management District: N/A Attorney: Philip Lopez Subject: Application for new wells and commingling of wells in Southern High Plains Designated Basin. Status: A number of parties have filed objections, including the Southwest Kansas Groundwater Management District No. 3. The case has been referred to the Hearing Officer and an initial status conference has been set for May 8, 2018 to set the matter for hearing. RULEMAKING PROCEEDING – RULE 7.4Case No. 17GW04 Designated Basin: All basins Management District: N/A Attorney: Philip Lopez Subject: Rulemaking to revise Rule 7.4 to require an applicant for a change of irrigated acreage to demonstrate to choose one of two options to demonstrate the change will not result in increased use of the well: (1) restrict the future number of acres to be irrigated to the historical average number of acres irrigated by the well; or (2) restrict the future use of the well to the historical depletion of the aquifer by the well, as demonstrated by a historical consumptive use analysis. < Status: At the April 9, 2018 special meeting, the Commission adopted changes to Rule 7.4., making them applicable to all applications filed after the adoption of the Rule on April 9, 2018. The Attorney General issued her opinion regarding the constitutionality of the Rule on April 11, 2018. The Rule was published in the Colorado Register on April 25, 2018, and will become effective on May 15, 2018. RULEMAKING PROCEEDING - RULES 5.6 & 5.8Case No. 17GW05 Designated Basin: All basins Management District: N/A Attorney: Jen Mele Subject: Rulemaking to revise Rules 5.6 pertaining to replacement plans and Rule 5.8 pertaining to aquifer storage and recovery plans. < Status: In its August 11, 2017 meeting the Ground Water Commission directed its Staff and Hearing Officer to proceed with the formal rulemaking process to amend Rules 5.6 and 5.8. <A notice of public rulemaking hearing scheduled for June 18-22, 2018 was published by the Secretary of State in the Colorado Register on December 10, 2017. However with the passage of HB18-1199 in April 2018, which provides specific statutory authority for the Ground Water Commission to approve plans for aquifer storage and recovery (ASR), Staff is revising its approach to ASRs in the revised rules. Instead of categorizing ASRs as replacement plans under Rule 5.6, Staff is instead proposing to keep ASRs under a separate rule, Rule 5.8. As a result the hearing has been moved to August 20-24, 2018 to give parties an opportunity to respond to the revised format. 6 2 Agenda2018May.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, May 18, 2018 Town of Castle Rock Utilities Department Building 183 (enter through Gate C) 175 Kellogg Ct., Castle Rock, CO 80109 A G E N D A Determine quorum Review and approval of agenda items Comments from the Governor’s Office by Romaine Pacheco Approval of Minutes for Meetings of February 16, 2018 and April 9, 2018 Report of the Executive Director by State Engineer Kevin Rein Commissioners’ Reports Staff Report by Keith Vander Horst Report of the Attorney General by Philip Lopez. 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 Kyle Sprouse Arikaree GWMD by Rod Mason Plains GWMD by Brandi Baquera East Cheyenne GWMD by Carolyn Talbert Southern High Plains GWMD by Blake Gourley North KiowaBijou GWMD by Robert Loose Upper Black Squirrel Creek GWMD by Tracy Doran Upper Big Sandy GWMD by Tracy Doran Lost Creek GWMD by Thomas Sauter Upper Crow Creek Basin by Dan Lloyd Republican River Water Conservation District by Deb Daniel Old Business Decision item: Approval of joint proposal regarding the “Petition For Determination of Jurisdiction Over Surface Water Within the Upper Black Squirrel Creek Designated Ground Water Basin”, from Meridian Service Metropolitan District New Business Discussion on term limits of Commissioners, by Commissioner Larson Selection of August meeting location Public Comments Executive Session Advisement on water quality matters, by AG’s office Adjournment</ NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 18, 2018 Agenda2018May.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Review and approval of agenda items 3. Comments from the Governor’s Office by Romaine Pacheco 4. Approval of Minutes for Meetings of February 16, 2018 and April 9, 2018 5. Report of the Executive Director by State Engineer Kevin Rein 6. Commissioners’ Reports 7. Staff Report by Keith Vander Horst 8. Report of the Attorney General by Philip Lopez. 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 Kyle Sprouse 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 Lloyd l. Republican River Water Conservation District by Deb Daniel 10. Old Business a. Decision item: Approval of joint proposal regarding the “Petition For Determination of Jurisdiction Over Surface Water Within the Upper Black Squirrel Creek Designated Ground Water Basin”, from Meridian Service Metropolitan District 11. New Business a. Discussion on term limits of Commissioners, by Commissioner Larson b. Selection of August meeting location NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, May 18, 2018 Town of Castle Rock Utilities Department Building 183 (enter through Gate C) 175 Kellogg Ct., Castle Rock, CO 80109 A G E N D A NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 18, 2018 A G E N D A (cont.) 12. Public Comments 13. Executive Session a. Advisement on water quality matters, by AG’s office 14. Adjournment Agenda2018May_Draft.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, May 18, 2018 Town of Castle Rock Utilities Department Building 183 (enter through Gate C) 175 Kellogg Ct., Castle Rock, CO 80109 A G E N D A - DRAFT Determine quorum Review and approval of agenda items Comments from the Governor’s Office by Romaine Pacheco Approval of Minutes for Meeting of February 16, 2018 Report of the Executive Director by State Engineer Kevin Rein Commissioners’ Reports Presentation on authority and involvement of the GWC in water quality matters by the Colorado Department of Public Health and Environment and the Attorney General’s office Staff Report by Keith Vander Horst Report of the Attorney General by Philip Lopez. 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. 14 for discussion in Executive Session. District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Kyle Sprouse Arikaree GWMD by Rod Mason Plains GWMD by Brandi Baquera East Cheyenne GWMD by Carolyn Talbert Southern High Plains GWMD by Blake Gourley North KiowaBijou GWMD by Robert Loose Upper Black Squirrel Creek GWMD by Tracy Doran Upper Big Sandy GWMD by Tracy Doran Lost Creek GWMD by Thomas Sauter Upper Crow Creek Basin by Dan Lloyd Republican River Water Conservation District by Deb Daniel Old Business Decision item: Approval of joint proposal regarding the “Petition For Determination of Jurisdiction Over Surface Water Within the Upper Black Squirrel Creek Designated Ground Water Basin”, from Meridian Service Metropolitan District New Business Selection of August meeting location Public Comments Executive Session (if needed) Adjournment</ NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 18, 2018 Agenda2018May_Draft.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Review and approval of agenda items 3. Comments from the Governor’s Office by Romaine Pacheco 4. Approval of Minutes for Meeting of February 16, 2018 5. Report of the Executive Director by State Engineer Kevin Rein 6. Commissioners’ Reports 7. Presentation on authority and involvement of the GWC in water quality matters by the Colorado Department of Public Health and Environment and the Attorney General’s office 8. Staff Report by Keith Vander Horst 9. Report of the Attorney General by Philip Lopez. 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. 14 for discussion in Executive Session. 10. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Kyle Sprouse 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 Lloyd l. Republican River Water Conservation District by Deb Daniel 11. Old Business a. Decision item: Approval of joint proposal regarding the “Petition For Determination of Jurisdiction Over Surface Water Within the Upper Black Squirrel Creek Designated Ground Water Basin”, from Meridian Service Metropolitan District NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, May 18, 2018 Town of Castle Rock Utilities Department Building 183 (enter through Gate C) 175 Kellogg Ct., Castle Rock, CO 80109 A G E N D A - DRAFT NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 18, 2018 A G E N D A (cont.) - DRAFT 12. New Business a. Selection of August meeting location 13. Public Comments 14. Executive Session (if needed) 15. Adjournment Enforcement Report May 2018.docx Enforcement Items and Actions For the period of February - May Staff has responded to a variety of 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 in many instances. The issues described below are active violations identified last quarter that have been resolved or are currently under review. NORTHERN HIGH PLAINS Plains GWMD In 2017, an irrigation well owned by the Thomas Schlosser 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 2018 the well is allowed to divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2017 water year. Staff continues to work with Joe Fritzler to correct violations associated with his three irrigation wells. The wells in question have been irrigating unpermitted descriptions of irrigated acres and expanded, unpermitted acres. Mr. Fritzler has submitted applications to change his description of acres, and we are working with him to ensure he can continue to irrigate within the confines of his permits. East Cheyenne GWMD In 2017, an irrigation well owned by Farmlands Partners LLC 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 2018 the well is allowed to divert no more than the allowable annual allocation as defined on the Final Permit minus the amount the well over-pumped in the 2017 water year. Staff continues to work with Allen Schutte to address violations associated with his irrigation well permits. The wells in questions are currently being used in a 4,000 head feedlot (and have been for the last 30 years). Changing the use of these large capacity well permits is not a viable option; however, there are some other potential solutions. Mr. <Schutte has hired an attorney and engineer to pursue these alternatives and he is working closely with our staff and the East Cheyenne GWMD to achieve compliance. Arikaree GWMD The GWMD reported that Kevin Shively was potentially using two small capacity wells for purposes inside a commercial greenhouse. Staff sent Mr. Shively a show cause letter in March and he promptly responded, indicating that the greenhouse is a temporary staging area for hemp seedlings and no water was used in the facility. He did indicate that he would like to the fill greenhouse’s storage tanks, but would not use the small capacity wells to do so; rather, he would seek city water to fill the tanks or change the description of an irrigation well. Staff is currently working with Mr. Shively to pursue a change to one of his irrigation wells, and we will be monitoring/field inspecting the small capacity wells this spring to ensure compliance. < UPPER BLACK SQUIRREL CREEK Upper Black Squirrel Creek GWMD In November, Staff reported that Donald Tran had been using a domestic well in an outdoor hemp grow (< 1 acre). Following receipt of our letter, Mr. Tran agreed to discontinue the illegal use and seek an alternative water supply. In March, the District reported that Mr. Tran appeared to be preparing the ground for large scale irrigation. Staff sent Mr. Tran a letter on April 6th informing him of the report, and letting him know that staff would be inspecting the property to verify well permit compliance. We have not heard back from Mr. Tran. Staff will be performing an inspection in May to verify compliance. KIOWA BIJOU North Kiowa Bijou GWMD The District reported that the Town of Wiggins has been in violation of the meter administrative requirements associated with the Town’s change of use authorizations. Staff sent out a show cause letter on March 1, 2018. We received correspondence back from their attorney identifying how the Town will address each issue going forward. Staff will be working closely with the Town of Wiggins and the District to ensure ongoing compliance. SOUTHERN HIGH PLAINS Southern High Plains Staff received a complaint alleging that LGS Holdings Group 2013, LLC has performed recent excavations that have resulted in the exposure of groundwater. A show cause letter was sent to the owners on April 18, 2018, and we informed them that no pumping/use of groundwater may occur without prior issuance of a well permit by the GWC. The owners’ attorney contacted me on April 24th, indicating that their client’s recent excavations have resulted in a groundwater pond and they would be providing a written response in the coming weeks. Our office has received an application from the owners requesting a well permit for an excavated structure at the location in question, but we are still waiting for their attorney’s written response addressing specifics about this structure. GWC_Minutes_2018-2-16.pdf GWC_Minutes_2018-4-9.pdf HearingOfficersReportMay2018.pdf 1 HEARING OFFICER'S REPORT Prepared for the May 18, 2018 meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water Commission as of May 4, 2018. 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. 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). 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. Remand from Supreme Court and District Court back to the Commission has occurred. The Hearing