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with the Commission on August 11, 2010. Status: The case was previously set for a 10 day trial, to be held in February, 2014, for de novo review of the Commission’s decision to deny the Gallegos request to alter the boundaries of the Upper Crow Creek Designated Basin. Since the previous report, the Court has issued an order requiring the Commission to confirm the record that was before the Commission when it designated the Basin in 1986. < WILLIAM GREATHOUSE Case No. 11-GW-06 Designated Basin: Southern High Plains Management District: Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: Application for final permit. Applicant does not agree with Staff’s assessment of the amount of irrigated land associated with the permit. Status: This matter is stayed while applicant applies for supplemental permit for the additional acreage. NKB Objections Designated Basin: North Kiowa-Bijou Management District: North Kiowa-Bijou Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: In a number of cases, the North Kiowa-Bijou Ground Water Management District is objecting to the issuance of the final permit because of a failure of the pemits/wells to be included in the records of the assessor of Adams County. The District contends that failure of such registration and payment of the annual assessment on said wells is evidence of abandonment. The District is the only objector in each instance. Status: Many applicants against whom the District has filed an objection to the issuance of the final permit simply pay $500 or otherwise settle and the District withdraws its objection. So far all matters have been resolved without the need for a hearing. meridian service metro district Case No. 12-GW-10 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Jen Mele & Pat Kowaleski Subject: An application for junior surface and storage rights was filed in water court (10CW95), however objectors argue that the claimed water is actually designated ground water since if not for the diversion, it would recharge the basin. Since only the Commission has the authority to decide 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. <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 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 and the Commission upheld the Initial Decision. Meridian has appealed the Commission’s decision to the district court. JAMES HUMECase No. 12-GW-27 Designated Basin: Southern High PlainsManagement District: Southern High PlainsAttorney: Jen Mele Subject: Mr. Hume is objecting to the amount of water in the final permits for wells associated with Permit Nos. 15906-F, 16087-F, 17144-F and 20268-F. Mr. Hume claims he is entitled to water diverted at alternate points for the four wells. Since Mr. Hume never formally requested and obtained the ability to use alternate points of diversion for the wells, Staff’s position is that the permitted amounts cannot take into account historical diversions at other locations. Status: A hearing was set for September 5, 2013 however the objector withdrew his objection and the matter has been remanded to Staff for processing. Kendall, Kenneth and IrisCase No. 13-GW-2 Designated Basin: Kiowa-BijouManagement District: North Kiowa-BijouAttorney: Jen Mele Subject: The Kendalls filed an objection to the cancelation of their conditional permit by Staff. Prehearing statements have been filed by the Kendalls and Staff, and there are no other parties to this case. Parties have until May 31, 2013 to submit any additional evidence. After such time the Hearing Office will likely consider the matter and issue an initial decision. Status: The Kendalls submited a signed statement from the owner of the subject well at the time of use in question that the well was in fact being used. The Hearing Officer found that the Kendalls showed good cause as to why they failed to submit information to Staff to support the claimed uses as set for the on the Statement of Beneficial Use and the cancellation order was rescinded and the matter remanded to Staff. < Hardwick, Mary Ellen Case No. 13-GW-4 Designated Basin: Northern High PlainsManagement District: Central YumaAttorney: Jen Mele Subject: Ms. Hardwick filed for Change of Water Right to relocate a well approximately 1,361 feet of the permitted location. The application was denied under Rule 7.3.4 which prohibits a change in location of a well in excess of 300 feet from the original permitted site unless there is water available for appropriation, because no water was available at that site. Ms. Hardwick also submitted a request for a variance to Rules 7.3.1, 7.3.2 and 7.3.4. Status: The matter was brought to the Commission at the May 2013 meeting and the variance was denied. Ms. Hardwick subsequently withdrew the application to change the location of the well. 5 6 Agenda2013Nov.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, November 15, 2013 Town of Castle Rock Council Chambers 100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A Determine quorum Biennial Election of Chair and Vice-Chair (The election held at the November 2012 meeting was for interim chair and vice-chair, due to the vacancy of Dennis Coryell) Review and approval of agenda items Approval of Minutes for Meeting of August 16, 2013 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports Staff Report by Keith Vander Horst 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 to Agenda Item No. 13 for discussion in Executive Session if the Board has questions about the litigation. 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 and East Cheyenne GWMDs by BreAnn Ferguson Southern High Plains GWMD by Max Smith North Kiowa Bijou GWMD by Robert Loose Upper Black Squirrel GWMD by Tim Hunker Upper Big Sandy GWMD by Dave Taussig Lost Creek by GWMD by Thomas Sauter Upper Crow Creek Basin by Scott Tietmeyer Republican River Water Conservation District by Deb Daniel Old Business Possible rule change concerning temporary changes of a water right New Business Selection of next year’s meeting dates Public Comments Executive Session (if needed) Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION November 15, 2013 Agenda2013Nov.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Biennial Election of Chair and Vice-Chair (The election held at the November 2012 meeting was for interim chair and vice-chair, due to the vacancy of Dennis Coryell) 3. Review and approval of agenda items 4. Approval of Minutes for Meeting of August 16, 2013 5. Report of the Executive Director by State Engineer Dick Wolfe 6. Commissioners’ Reports 7. Staff Report by Keith Vander Horst 8. 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 to Agenda Item No. 13 for discussion in Executive Session if the 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 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 Tim Hunker h. Upper Big Sandy GWMD by Dave 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 10. Old Business a. Possible rule change concerning temporary changes of a water right 11. New Business a. Selection of next year’s meeting dates 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, November 15, 2013 Town of Castle Rock Council Chambers 100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A Agenda2013Nov_Amended.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, November 15, 2013 Town of Castle Rock Council Chambers 100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A - AMENDED Determine quorum Biennial Election of Chair and Vice-Chair (The election held at the November 2012 meeting was for interim chair and vice-chair, due to the vacancy of Dennis Coryell) Review and approval of agenda items Approval of Minutes for Meeting of August 16, 2013 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports Presentation on the Colorado Water Plan by James Ekland Staff Report by Keith Vander Horst 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 to Agenda Item No. 13 for discussion in Executive Session if the Board has questions about the litigation. 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 and East Cheyenne GWMDs by BreAnn Ferguson Southern High Plains GWMD by Max Smith North Kiowa Bijou GWMD by Robert Loose Upper Black Squirrel GWMD by Tim Hunker Upper Big Sandy GWMD by Dave Taussig Lost Creek by GWMD by Thomas Sauter Upper Crow Creek Basin by Scott Tietmeyer Republican River Water Conservation District by Deb Daniel Old Business Possible rule change concerning temporary changes of a water right New Business Selection of next year’s meeting dates Public Comments Executive Session (if needed) Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION November 15, 2013 Agenda2013Nov_Amended.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Biennial Election of Chair and Vice-Chair (The election held at the November 2012 meeting was for interim chair and vice-chair, due to the vacancy of Dennis Coryell) 3. Review and approval of agenda items 4. Approval of Minutes for Meeting of August 16, 2013 5. Report of the Executive Director by State Engineer Dick Wolfe 6. Commissioners’ Reports 7. Presentation on the Colorado Water Plan by James Ekland 8. Staff Report by Keith Vander Horst 9. 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 to Agenda Item No. 13 for discussion in Executive Session if the Board has questions about the litigation. 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 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 Tim Hunker h. Upper Big Sandy GWMD by Dave 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 11. Old Business a. Possible rule change concerning temporary changes of a water right 12. New Business a. Selection of next year’s meeting dates 13. Public Comments 14. Executive Session (if needed) 15. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, November 15, 2013 Town of Castle Rock Council Chambers 100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A - AMENDED Agenda2013NovDraft.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, November 15, 2013 Town of Castle Rock Council Chambers 100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A Determine quorum Biennial Election of Chair and Vice-Chair Review and approval of agenda items Approval of Minutes for Meeting of August 16, 2013 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports Staff Report by Keith Vander Horst 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 to Agenda Item No. 12 for discussion in Executive Session if the Board has questions about the litigation. 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 and East Cheyenne GWMDs by BreAnn Ferguson Southern High Plains GWMD by Max Smith North Kiowa Bijou GWMD by Robert Loose Upper Black Squirrel GWMD by Tim Hunker Upper Big Sandy GWMD by Dave Taussig Lost Creek by GWMD by Thomas Sauter Upper Crow Creek Basin by Scott Tietmeyer Republican River Water Conservation District by Deb Daniel Old Business Possible rule change concerning temporary changes of a water right New Business Selection of next year’s meeting dates Public Comments Executive Session (if needed) Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION November 15, 2013 Enforcement Items and Actions November Meeting.docx Enforcement Items and Actions NORTHERN HIGH PLAINS 2013 Over Pumping Orders: Staff has been working diligently to enforce the 286 over pumping orders issued in January of 2013, and we have been closely tracking each well’s pumping. At this time, there are three wells in violation of their respective orders (staff previously identified eight, but those have since been resolved due to meter reading corrections. The Attorney General’s Office will be filing a complaint against each owner this month. We intend to enforce the orders to the fullest, which include fines of up to $500 for every day a well exceeded its volumetric limit in 2013. With the 2013 water year ending on October 31, 2013, we are receiving and reviewing the end of year meter readings for every active large capacity well in the Republican River Basin. It is possible we will see some more wells in violation of their 2013 orders, and we believe there will be some additional wells that over pumped in 2013 that did not over pump in 2012. Any additional wells discovered to have violated their 2013 over pumping orders may result in complaints filed against the owner(s). Any well that over pumps in 2013 will be under order in 2014 for over pumping. Plains GWMD Bill Cure was found to have violated his 2013 over pumping order, pumping in excess of the volumetric stated for his well in said order. This well resides directly on the state line (between CO and NE), and it appears Mr. Cure has a valid permit for the same structure from each state for the same irrigated area. Staff is currently working on this matter with the AG’s office and we hope to have it resolved soon<. Arikaree GWMD Allen Liming was found to have violated his 2013 over pumping order, pumping 21.87 AF over the volumetric limit of 245.8 AF as stated in said order. The Attorney General’s Office will be filing a complaint against Mr. Liming in November. The District reported that Brad Terrell was operating his well to irrigate illegally expanded acres. Staff inspected the well, and associated acres, and it does not appear the well is operating in violation of its permit. At this time, this matter is closed.< A cease and desist order was issued to Joe McCormick for using his large capacity well for unpermitted commercial purposes. Mr. McCormick has ceased the unpermitted use and assured our office that he will only use the well for irrigation purposes until such a time as he has been approved for a change of use. Staff will be tracking this well’s use closely. Any violation of the order will result in the matter being turned over to the AG’s office for violating the order. < W-Y GWMD Francis Rogers was found to have violated his 2013 over pumping order, pumping 13.22 AF over the volumetric limit of 145.5 AF as stated in said order. The Attorney General’s Office will be filing a complaint against Mr. Rogers in November. Frenchman Krueger Enterprises was found to have violated its 2013 over pumping order, pumping 41.69 AF over the volumetric limit of 359.4 AF as stated in said order. The Attorney General’s Office will be filing a complaint against Krueger Enterprises in November. KIOWA BIJOU North Kiowa Bijou GWMD The District reported that Wayne Mitchell was using his large capacity well to export water out of the district. In addition, it was reported that he has not had a 3rd party reporter file his well’s meter readings as required pursuant to the well’s change of use authorization. Staff has sent Mr. Mitchell a “Show Cause” letter, and we have requested that he immediately identify a 3rd party reporter to begin filing the appropriate reports. We have not yet heard from Mr. Mitchell. The District reported that Comanche Farms has been operating two wells to irrigate illegally expanded acres. A “show cause” letter, which contained a Well Permit Compliance Notice, was send to the owner. The owner promptly responded, stating that he has not irrigated any illegally expanded as claimed by the district. In addition, Comanche Farms provided us with a signed Well Permit Compliance notice agreeing to only use the wells in compliance with their permits. From this point forward, if a well permit violation is verified, the wells will be issued an immediate cease and desist order and the matter will be turned over to the AG’s office. HearingOfficersReport2013-11-15.pdf 1 HEARING OFFICER'S REPORT Prepared for the November 15, 2013, meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water Commission as of October 29, 2013. Updated/new information is indicated in bold italics. Gallegos, Reinaldo etc Case No. 03-GW-06 Designated Basin: Upper Crow Creek Date of request: 30-Apr-03 Subject: Petition to de-designate portions of the Upper Crow Ck Designated Basin Status: Hearing Officer issued decision on March 27, 2012. Hearing on appeal scheduled for 10:00 a.m. September 5, 2012 before a special session of the Commission. Commission upheld Hearing Officer’s decision. Case appealed to District Court for de novo review (see Case No. 03CV1335, Weld County District Court). Court recently ordered Commission to certify record from original hearing held in 1986. Woodmen Hills Metro Dist, Case No. 03-GW-20 Designated Basin: Upper Black Squirrel Date of request: 30-Oct-03 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: Awaiting republication and information from the Applicant. Morley Howard Investments LLC, Case No. 07-GW-02 Designated Basin: Upper Black Squirrel Date of request: 01-Mar-07 Subject: Objection to three change of Determination of Water Right Applications (Receipt Nos. 3610361 A - C). Status: Pending Management District’s export hearing. Order to show cause issued on October 29, 2013, as to why this matter should not be dismissed due to lack of prosecution. Applicant has until December 2, 2013 to respond. 2 Cherokee Metro & Meridian Svc Dist. Case No. 08-GW-71 Designated Basin: Upper Black Squirrel Date of request: 15-Oct-08 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 pending determination by District Court as to whether Order entered by Court is presently appealable. Relevant cases before Commission therefore remain stayed. Cherokee Metropolitan District Case No. 08-GW-78 Designated Basin: Upper Black Squirrel Date of request: 29-Dec-08 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. Case stayed pending resolution of declaratory judgment action in water court. Farmer, Edna I Case No. 09-GW-02 Designated Basin: Upper Black Squirrel Date of request: 12-Mar-09 Subject: Objection to an application for Determination of Water Right Status: Stayed pending outcome of Cherokee replacement plan case, Case No. 08GW71. 3 Farmer, Daniel & Teresa Case No. 09-GW-03 Designated Basin: Upper Black Squirrel Date of request: 12-Mar-09 Subject: Objection to an application for Determination for Water Right Status: Stayed pending Cherokee replacement plan case, Case No. 08GW71. Meridian Service Metropolitan Dist., Case No. 09-GW-11 Designated Basin: Upper Black Squirrel Date of request: 15-Jun-09 Subject: Objection concerning an application to change a determination of water right Status: Stayed pending outcome of Case No. 08GW71 (Cherokee replacement case). Cherokee Metro & Meridian Svc Dist. Case No. 09-GW-15 Designated Basin: Upper Black Squirrel Date of request: 17-Nov-09 Subject: Objection to an application to change the type and place of use Status: See 08GW71 above. Case is presently stayed pending outcome of district court declaratory judgment proceedings. Greathouse, William Case No. 11-GW-06 Designated Basin: Southern High Plains Date of request: 3-May-11 Subject: Objection to the Issuance of a Final Permit Status: Prehearing conference scheduled for August 4, 2011. At prehearing conference parties agreed to attempt to resolve the matter. Case is stayed pending outcome of negotiations. Staff sent letter to Applicant in June of 2012 and is awaiting reply. As of October 29, 2013, staff is attempting to contact Permit Owner and lessee for further needed information to resolve the matter. Stay Order continues. 4 Meridian Service Metropolitan District Case No. 12-GW-10 Designated Basin: Upper Black Squirrel Date of request: 12-Jan.-12 Subject: Determination of jurisdictional issue between Water Court and Commission. 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. James Hume Case No. 12-GW-27 Designated Basin: Southern High Plains Date of request: 6-Sept-12 Subject: Objection by the permit owner to the terms of the issuance of final permits. Status: Owner claims historic use for the permits as both alternate points of diversion as well as commingling. Mr. Hume withdrew his objection. Case remanded and closed. Front Range Resources, LLC Case No. 13-GW-05 Designated Basin: Lost Creek Date of request 12-Sept-13 Subject: Change the place of use of ten wells located in the Lost Creek Designated Basin Status: Status conference set for December 17, 2013 at 10:00 a.m. Flying B Bar Ranch Case No. 13-GW-06 Designated Basin: Lost Creek Date of request 30 Sept 13 Subject: Request for changes in determinations of water rights Status: Setting conference scheduled for October 31, 2013 at 10:00 a.m. Respectfully submitted ______________________________ Joseph (Jody) Grantham, Hearing Officer Minutes2013-08-16_Draft.docxMINUTES MINUTES THIRD QUARTERLY MEETING COLORADO GROUND WATER COMMISSION AUGUST 16, 2013 The Third Quarterly Meeting of the Colorado Ground Water Commission took place on August 16, 2013, at the Pueblo Convention Center, 350 Central Main St., Pueblo, Colorado, 81033. Chairman Cory Huwa called the meeting to order at 8:30 a.m. Mr. Richard Nielsen called the roll and determined that a quorum was present. Commission members present were Carolyn Burr, Larry Clever, Corey Huwa, Steve Kramer, Earnest Mikita, George Schubert, Max Smith, Virgil Valdez, Dick Wolfe and Suzanne Sellers. Staff members present were Kevin Rein, Keith Vander Horst, Richard Nielsen, Chris Grimes, David Keeler. 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, Mr. Pat Kowaleski suggested moving agenda item 9.a to Executive Session, agenda item no. 14 and Mr. Andy Jones requested that agenda item no. 11 include discussion on the Ground Water Management District enforcement legislation being carried over from last year. Commissioner Valdez moved to approve the agenda as amended. Commissioner Smith seconded the motion which passed unanimously Approval of Minutes for Meeting of May 17, 2013, Chairman Huwa asked if there were any corrections or additions to the minutes. There being <none, Commissioner Schubert moved to approve the minutes as presented. Commissioner Mikita seconded the motion which carried unanimously. Report of the Executive Director by Dick Wolfe Mr. Wolfe opened his remarks by acknowledging the efforts of staff in managing the various issues and enforcement actions related to the over pumping in the Northern High Plains last year, especially the Town of Vona. He next addressed the service of the Commissioners. Specifically Mr. Wolfe noticed that the terms of Commissioners Bledsoe, Huwa and Mikita were completed last May. He asked that the Commissioners and District representatives get the word out to recruit replacements in time for confirmation during the upcoming legislative session. One suggestion he had was to place an advertisement in local newspapers.< Mr. Wolfe advised the Commission that he, Mike Sullivan and Scott Steinbrecher from the Attorney General’s office have been busy on matters related to the Republican River. The final phase of a trial between Nebraska and Kansas has been taking place in Portland, Maine. This trial deals with how penalties are assessed for compact violation, a topic which directly affects Colorado. The preliminary ruling in January favored Colorado and he hopes that that will be the final ruling. <Mr. Wolfe then noted that Colorado is closely following three arbitrations between Kansas and Nebraska. The first arbitration concerns Nebraska’s Rock Creek project which is very similar to Colorado’s compliance pipeline and which is operational. The second one deals with Nebraska’s desire to change the term of water short years from a two year to a three year average. The final arbitration involves another pipeline, the ENCORP pipeline which moves up to 60,000 acre-feet of water on Medicine Creek. Mr. Wolfe stated that the Republican River Conservation District should be commended for leading the way these