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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. WOODMEN HILLS METRO DIST. Case No. 03-GW-20 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Attorney: Jen Mele 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 Strasburg 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 7 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 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: The case has been set for a three week trial commencing August 21, 2017. The case is in its early stages, and the parties have filed a number of initial motions, and those are pending before the Judge. Agenda2016May.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, May 20, 2016 Town of Castle Rock Council Chambers 100 Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A Determine quorum Recognition of outgoing Commissioners Election of interim Chair and Vice-Chair Review and approval of agenda items Approval of Minutes for Meeting of February 19, 2016 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports 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 Creek 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 Resolution regarding water quality and changes to the Water Quality Control Commission’s regulations regarding water quality standards within designated basins New Business Review and possible amendment of the Designated Basin Rules Selection of August Meeting location Public Comments Executive Session Adjournment Workshop for Commissioners: overview of the Ground Water Commission, purpose, duties, etc. NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 20, 2016 Agenda2016May.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Recognition of outgoing Commissioners 3. Election of interim Chair and Vice-Chair 4. Review and approval of agenda items 5. Approval of Minutes for Meeting of February 19, 2016 6. Report of the Executive Director by State Engineer Dick Wolfe 7. Commissioners’ Reports 8. Staff Report by Keith Vander Horst. 9. 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. 10. 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 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 11. Old Business a. Resolution regarding water quality and changes to the Water Quality Control Commission’s regulations regarding water quality standards within designated basins 12. New Business a. Review and possible amendment of the Designated Basin Rules b. Selection of August Meeting location NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, May 20, 2016 Town of Castle Rock Council Chambers 100 Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 20, 2016 A G E N D A (cont.) 13. Public Comments 14. Executive Session 15. Adjournment Workshop for Commissioners: overview of the Ground Water Commission, purpose, duties, etc. Agenda2016MayDraft.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, May 20, 2016 Town of Castle Rock Council Chambers 100 Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A - DRAFT Determine quorum Recognition of outgoing Commissioners Election of interim Chair and Vice-Chair Review and approval of agenda items Approval of Minutes for Meeting of February 19, 2016 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports 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 Creek 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 Resolution to Water Quality Control Commission with respect to rulemaking changing Cherokee Metropolitan District’s discharge standards for Total Dissolved Solids New Business Review and amendment of the Designated Basin Rules Selection of August Meeting location Public Comments Executive Session Discussion of pending litigation in the Front Range Resources LLC’s application for a replacement plan, 13-GW-07 (15-CV-30493 in Adams County District Court) Adjournment Workshop for Commissioners: overview of the Ground Water Commission, purpose, duties, etc. NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 20, 2016 Agenda2016MayDraft.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Recognition of outgoing Commissioners 3. Election of interim Chair and Vice-Chair 4. Review and approval of agenda items 5. Approval of Minutes for Meeting of February 19, 2016 6. Report of the Executive Director by State Engineer Dick Wolfe 7. Commissioners’ Reports 8. Staff Report by Keith Vander Horst. 9. 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. 10. 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 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 11. Old Business a. Resolution to Water Quality Control Commission with respect to rulemaking changing Cherokee Metropolitan District’s discharge standards for Total Dissolved Solids 12. New Business a. Review and amendment of the Designated Basin Rules b. Selection of August Meeting location NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, May 20, 2016 Town of Castle Rock Council Chambers 100 Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A - DRAFT NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 20, 2016 A G E N D A - DRAFT (cont.) 13. Public Comments 14. Executive Session c. Discussion of pending litigation in the Front Range Resources LLC’s application for a replacement plan, 13-GW-07 (15-CV-30493 in Adams County District Court) 15. Adjournment Workshop for Commissioners: overview of the Ground Water Commission, purpose, duties, etc. DesBasinRulesProposedChangesSummary2016-5-9.pdf HearingOfficerReport2016May.pdf 1 HEARING OFFICER'S REPORT Prepared for the May 20, 2016 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, 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 and briefs have been filed. Awaiting oral argument date. 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 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. 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. 3 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. 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. Set for trial June 6 thru 17, 2016. 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. Status conference scheduled for May 18, 2016. 4 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. 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: Hearing held on March 15, 2016. Decision pending. 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. 5 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. 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. 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. Progressive Agricultural Management, Inc. Case No. 16GW03 Designated Basin: Northern, Sand Hills Date of request: Feb. 8, 2016 Subject: Objection to change in description of irrigated acreage Status: Parties reached resolution, objections withdrawn, case closed. Respectfully submitted, ______________________________ Joseph (Jody) Grantham, Hearing Officer May 2016 _Enforcement Report.docx Enforcement Items and Actions For the period of February 2016 – May 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. KIOWA BIJOU (outside of management district) Roy Hessler was found to have been using a small capacity well for unpermitted uses. Mr. Hessler has ceased the unpermitted use and he is seeking a determination of water right. Staff continues work towards resolving the issues involving unpermitted ponds on the Rocky Mountain Rooster Hunting Club property. Pursuant to the order of the Hearing Officer on April 5, 2016, staff provided a report on the structures/sites identified by the parties in the case. On April 13, 2016, staff sent a letter to Brett Axton, the owner of the hunting club, detailing said structures and sites, and we identified additional sites that would need to be backfilled or included as part of the replacement plan. It was made clear that any manmade structure not included in the amended replacement plan would need to be immediately backfilled so as to permanently eliminate any diversion or exposure to designated ground water. Staff continues to work towards resolving issues involving unpermitted ponds throughout the Blue Springs Subdivision. Staff sent out show cause letters to subject land owners in October of 2015 and performed field inspections in November and December of 2015 that resulted in some landowners breaching their dams/ponds while others claimed their ponds were natural or had been in existence since the 1950’s. Recent discussions on erosion control dams and historic stock ponds have been beneficial in providing staff with direction, and staff is in the process of addressing the issues and we will be consulting with the GWMD before addressing subsequent action with each individual owner via certified mail. UPPER BLACK SQUIRREL CREEK Staff has identified a number violations associated with the use of large capacity wells owned by Donald Booker. A certified letter has been sent to Mr. Booker. This letter includes a compliance period requiring Mr. Booker to respond to and resolve a variety of issues/violations within 30 days. Staff has identified a number violations associated with the use of large and small capacity wells owned by US Western Investments. A certified letter has been sent to the owners. This letter includes compliance period requiring the owners to respond to and resolve a variety of issues/violations within 30 days. Minutes_2016-2-19.docxMINUTES MINUTES FIRST QUARTERLY MEETING COLORADO GROUND WATER COMMISSION FEBRUARY 19, 2016 The First Quarterly Meeting of the Colorado Ground Water Commission took place on February 19, 2016, at the Centennial Building, 1313 Sherman St, Room 318, Denver, Colorado. Chair<woman Carolyn Burr called the meeting to order at 10:00 a.m. Mr. Richard Nielsen called the roll and determined that a quorum was present. Commission members present were Marc Arnusch, Carolyn Burr, Dan Farmer, Blake Gourley, Steve Kramer, Greg Larson, Scott Tietmeyer, Virgil Valdez, Amy Laughlin (on behalf of Robert Randall), Mike Sullivan (on behalf of Dick Wolfe) and Suzanne Sellers (on behalf of James Eklund). Staff members present were Kevin Rein, Keith Vander Horst, Richard Nielsen, Geoff Davis, Shannon Johnson, Andy Flor, Matt Sares and Kevin Donegan. Also present were Jody Grantham, Hearing Officer, Pat Kowaleski, A.G. for the Commission and Jennifer Mele, A.G. for staff. Members of the public were also present.< Review and Approval of Agenda Items, the agenda was approved as presented. Approval of Minutes for Meeting of November 20, 2015, Chairwoman Burr asked if there were any corrections or additions to the minutes. <Commissioner Sellers asked that the description of the importance of aquifer storage in the report by Ted Kowalski on the State Water Plan be clarified. Commissioner Larson moved to approve the minutes as amended. Commissioner Farmer seconded the motion which carried unanimously. Report of the Executive Director by Mike Sullivan Mr. Sullivan opened his remarks by advising the Commission that the Republican River Compact Compliance Pipeline has been delivering water to the State Line since January 1st and will continue to do so until March then resume again in late October. He mentioned the creation of an action plan with Kansas, noting that they have brought Nebraska in at this time. All states will meet next week. Mr. Sullivan said that the State Engineers Office is working with the thirty (30) objectors to the Rio Grande Rules as published. He also advised the Commission that the Board of Examiners were having a hearing on March 17 & 18, 2016 regarding proposed changes to their rules. If any Commissioners want to weigh in on the proposed changes they <can locate information on the BOE website. Mr. Sullivan closed his comments informing the Commission that the positions of Burr, Clever and Kramer expire on May 1st. He further noted that Commissioners Burr and Clever are term limited but that Commissioner Kramer may make an application to be reappointed if he so wants. Chairwoman Burr called for agenda item no. 5, Commissioners’ reports. Commissioner Kramer informed the Commission that the Water Preservation Partnership and the conservation group have been active and that their next meeting with the CSU representatives is March 10th. Commissioner Burr introduced Joanie Green for an update on this years the De Novo legislation. Ms. Green began by stating that she is the representative for Lost Creek Land and Cattle and Equus Farms. She said that this year they were starting the bill in the House and that they are reaching out and receiving support from management districts and agriculture groups. She said that the bill should be presented soon. In response to a question of Ms. Burr, Ms. Green said that those present could let the legislature know of their support by contacting their representatives and by volunteering to testify. Chairwoman Burr called for agenda item no. 6, Presentation on the Water Quality Control Commission’s Rulemaking Procedures by Trisha Oeth and Andrew Ross Ms. Oeth identified herself as an administrator with the Water Quality Control Commission. Speaking to the matter of the Cherokee Metropolitan District and its request, she said that the February 3, 2016 memorandum by staff is a good path to follow. She said that the process may be followed on the Commissions website, that all meetings are streamed live and that all are welcome at the meetings and hearings as observer or party. Ms. Oeth advised the Commission that they may participate as a party if they want to testify at the hearings. She said that the Water Quality Control Act prohibits rules that will materially injure a water right and if it is mentioned that the rule may injure a water right, the Act requires consultation with the State Engineer and the Colorado Water Conservation Board, In response to a question of Commissioner Burr, Ms. Oeth responded that that the specific issue at hand is a request and that the triennial review occurred in August of 2015. She said that Cherokee requested that the Commission consider a change to the TDS standards, allowing for an increase in the discharge limits for Upper Black Squirrel Basin or as a site specific proposal at their recharge site. That request is to be heard in August 2016. Chairwoman Burr called for agenda item no. 7, the staff activity report. Mr. Keith Vander Horst went over his written report. He noticed that because of new large capacity permits being issued in the Southern High Plains, Camp Creek and Upper Crow Creek Basins, staff continues to process final permits. On the matter of pending hearings, Mr. Vander Horst said that there were three new cases. The complaint by Cherokee Metropolitan District regarding the administration of its wells, and the Town of Kiowa and the Town of Strasburg objecting to the annual appropriation limits on their final permits as published. Regarding enforcement Mr. Vander Horst reported that in the Northern High Plains only three (3) wells over pumped in 2016 as compared to 5 in 2014, 13 in 2013 and 300 in 2012. He reported on an illegal commingling of wells in the Arikaree District. In Kiowa-Bijou Basin there were two instances of illegal ponds. One owner is going to back-fill his and the other is going to permit the pond with a replacement plan. In the Upper Black Squirrel Basin, more ponds intercepting surface run off were reported with some owners filling the ponds in and others planning on applying for a well permit. In the Blue Springs subdivision, in the Upper Black Squirrel Creek, some homeowners are going to back fill their ponds and a few are planning