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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: The applicant filed a motion to postpone the hearing that was set for October 31, 2016 in order to include additional structures causing depletions and the concept of using recharge facilities in its replacement plan. The motion was granted and a five day hearing is set for December 4, 2017. STRASBURG SANITATION & WATER DISTRICT Case No. 16-GW-1 Designated Basin: Kiowa Bijou Management District: North Kiowa Bijou Attorney: Jen Mele & Michael Toll 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. 7 Status: This matter in conjunction with the Kiowa Water & Wastewater Authority, case no. 16GW2, is set for a four day hearing scheduled to begin on May 22 – 25, 2017. The hearings are set back-to-back so that the hearing in 16GW2 will begin when the hearing in this case ends. The applicant filed a motion for summary judgment on August 23, 2016, seeking a determination from the Commission that the original permit issued for the subject well in 1960 is the final permit and therefor the requirements of § 37-90-107, i.e. issuance of a final permit based on actual beneficial use of the well, do not apply. Staff argued in its response that all wells, including the subject well, are subject to diversion limits based on actual beneficial use. The matter has been fully briefed and the parties await a decision from the Hearing Officer. KIOWA WATER & WASTEWATER AUTHORITY Case No. 16-GW-2 Designated Basin: Kiowa Bijou Management District: North Kiowa Bijou Attorney: Jen Mele Subject: Objection by the applicant to the requirement that the well be subject to final permitting requirements and to the reduction of the annual appropriation upon issuance of the final permit for the well with permit no. 2794-F. Status: This matter in conjunction with the Strasburg Sanitation & Water District, case no. 16GW1, is set for a four day hearing scheduled to begin on May 22-25, 2017. The hearings are set back-to-back so that the hearing in this case will begin after the hearing in 16GW1 ends. The applicant filed a motion for summary judgment on August 23, 2016, seeking a determination from the Commission that the original permit issued for the subject well in 1960 is the final permit and therefor the requirements of § 37-90-107, i.e. issuance of a final permit based on actual beneficial use of the well, do not apply. Staff argued in its response that all wells, including the subject well, are subject to diversion limits based on actual beneficial use. The matter has been fully briefed and the parties await a decision from the Hearing Officer. 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. 8 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 the Commission must first determine whether designated ground water is implicated and therefore the issue was not ripe. Further the water court did not have jurisdiction over designated ground water. Hutton has sought to certify the dismissal for appeal to the Colorado Supreme Court. However, it has also indicated that it will ask the Supreme Court to decide its constitutional claims even though the water court did not rule on that issue. Many defendant parties have opposed the certification. The Commission joined that opposition on the basis that Hutton should not be allowed to raise constitutional arguments before the Supreme Court that were not decided by the water court. The water court has not yet decided whether to certify the dismissal for appeal. Other defendants have also asked that if there is an appeal, the water court stay the trial currently scheduled for next fall. It would be likely that the Supreme Court would not have a decision until after trial on the remaining issues. A stay would postpone the trial until after the appeal so that any remaining issues could be tried together. Agenda2016Nov.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, November 18, 2016 Town of Castle Rock Council Chambers 100 Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of August 19, 2016 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports Hearing on the appeal from the Initial Decision of the Hearing Officer in the matter of an application by Gayln Einsphar for a reduction in permitted acres and annual appropriation for permits nos. 13530-FP & 16927-FP, Case no. 15-GW-10 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. 15 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 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 Loyd Republican River Water Conservation District by Deb Daniel Old Business Proposal to amend Rule 5.2.9 to determine that the alluvial aquifer, and all of the Fan and White River aquifers, in the Upper Crow Creek Basin are over appropriated Proposal to amend Rule 5.6 regarding replacement plans, and Rule 5.8 regarding artificial recharge, storage, and recovery plans The Office of the State Engineer’s role as an implementing agency under SB-181 of 1989 New Business Request for Authorization to Proceed with Rulemaking: Amendments to 2 CCR 402-3, Rules of Procedure for All Hearings Before the Colorado Ground Water Commission Selection of next year’s meeting dates and locations Public Comments Executive Session (if needed or called for) Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION November 18, 2016 Agenda2016Nov.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of August 19, 2016 4. Report of the Executive Director by State Engineer Dick Wolfe 5. Commissioners’ Reports 6. Hearing on the appeal from the Initial Decision of the Hearing Officer in the matter of an application by Gayln Einsphar for a reduction in permitted acres and annual appropriation for permits nos. 13530-FP & 16927-FP, Case no. 15-GW-10 7. Staff Report by Keith Vander Horst. 8. Report of the Attorney General by Jennifer Mele. This is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 15 for discussion in Executive Session. 9. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Jack Dowell c. Arikaree GWMD by Rod Mason d. Plains GWMD by Brandi Baquera e. East Cheyenne GWMD 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 Loyd l. Republican River Water Conservation District by Deb Daniel 10. Old Business a. Proposal to amend Rule 5.2.9 to determine that the alluvial aquifer, and all of the Fan and White River aquifers, in the Upper Crow Creek Basin are over appropriated b. Proposal to amend Rule 5.6 regarding replacement plans, and Rule 5.8 regarding artificial recharge, storage, and recovery plans c. The Office of the State Engineer’s role as an implementing agency under SB-181 of 1989 NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, November 18, 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 November 18, 2016 A G E N D A (cont.) 11. New Business a. Request for Authorization to Proceed with Rulemaking: Amendments to 2 CCR 402-3, Rules of Procedure for All Hearings Before the Colorado Ground Water Commission b. Selection of next year’s meeting dates and locations 12. Public Comments 13. Executive Session (if needed or called for) 14. Adjournment Agenda2016NovDraft.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, November 18, 2016 Town of Castle Rock Council Chambers 100 Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A - DRAFT Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of August 19, 2016 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports Hearing on the appeal from the Initial Decision of the Hearing Officer in the matter of an application by Gayln Einsphar for a reduction in permitted acres and annual appropriation for permits nos. 13530-FP & 16927-FP, Case no. 15-GW-10 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. 15 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 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 Loyd Republican River Water Conservation District by Deb Daniel Old Business Proposal to amend Rule 5.2.9 to determine that the alluvial aquifer, and all of the Fan and White River aquifers, in the Upper Crow Creek Basin are over appropriated Proposal to amend Rule 5.6 regarding replacement plans, and Rule 5.8 regarding artificial recharge, storage, and recovery plans The Office of the State Engineer’s role as an implementing agency under SB-181 of 1989 New Business Request for Authorization to Proceed with Rulemaking: Amendments to 2 CCR 402-3, Rules of Procedure for All Hearings Before the Colorado Ground Water Commission Public Comments Executive Session (if needed or called for) Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION November 18, 2016 HearingOfficersReport2016Nov.pdf 1 HEARING OFFICER'S REPORT Prepared for the November 18, 2016 meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water Commission as of November 2, 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. Oral argument before the Supreme Court is scheduled for December 6, 2016 at 10:30 a.m.. 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: Amended replacement plan filed and published. Motion to vacate hearing granted. Hearing rescheduled for December 4 through 8, 2017. 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. 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. District Court dismissed case based on issue of speculation. On appeal to Supreme Court. 4 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. 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: Stipulations between parties and remanded to staff on September 8, 2016. Gayln Einspahr Case No. 15GW10 Designated Basin: Northern High Plains Date of request: Aug. 27, 2015 Subject: Objection to an application to reduce permitted acres. Status: Hearing held on March 15, 2016. Decision issued and appealed filed by Mr. Einspahr. Oral argument before the Commission is scheduled for November 18, 2016. 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: The case is set for a 5 day hearing commencing on February 6, 2017. Presently a motion to vacate is pending before the Hearing Officer. 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: 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 hearing commencing on May 22, 2017. Motion for Summary Judgment is pending before the Hearing Officer. 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. Motion for Summary Judgment is pending before the Hearing Officer. Respectfully submitted, ______________________________ Joseph (Jody) Grantham, Hearing Officer Minutes_2016-8-19_Draft.docxMINUTES MINUTES THIRD QUARTERLY MEETING COLORADO GROUND WATER COMMISSION AUGUST 18 and 19, 2016 On Thursday, August 18, 2016, Commissioners, Commission Staff and members of the public as identified on the attached list, participated in a tour of selected areas within the Upper Black Squirrel Designated Basin. The <scheduled stops for the tour were the Cherokee Metropolitan District Rapid Infiltration Basins (6475 Bar 10 Rd), Blue Springs subdivision, the Woodman Hills drainage system and the Meridian Ranch under drain system. Mechanical problems with the bus prevented the bus from reaching the Meridian Ranch site. Representatives from Meridian Service Metropolitan District came to the bus to present their operation to those in attendance. At the rapid infiltration basins, the Commission, staff and guests were introduced to the Board members of the Cherokee Metropolitan District by Mr. Brian Bodette. He then described the physical layout and size of the basins. The basins are 26 feet deep with a combined surface area of just over 1 million square feet. This site process 1.34 MGD from Cherokee, 0.19 MGD from the Meridian Service Metropolitan District and 0.17 from the Shriver Air Force Base. Plans for a reverse osmosis system to meet the TDS discharge limits were mentioned and <the facility was compared to the one operated by the City of Aurora. The next stop was at the Blue Springs subdivision. Tour participants remained on the bus which drove through the subdivision while Mr. Chris Grimes explained the concern of staff and the Upper Black Squirrel District regarding the numerous ponds impounding water tributary to the Upper Black Squirrel Creek. The final stop was at a site in the Woodman Hills subdivision, close to the operations office. Here the Commission, staff and guests were met by representatives of Woodman Hills who explained the operation. Water is collected in storm drains and under drains around the houses and directed to wetlands. At this point, Mr. Tom Kirby, representing Meridian Service Metropolitan District met the Commission, staff and guests on the bus. He explained to them the typical infiltration structure present at Meridian Ranch. It is an underground vault that collects ground water from near the buildings and allows a majority of the water to infiltrate into the alluvium. The commissioners, staff and a few guests returned to the Hotel Elegante for dinner and a presentation by Mr. Steve Witte, Division Engineer for Water Division 2 in Pueblo, on the difficulties marijuana grows have created in the administration of the water in the Arkansas River Basin. The Third Quarterly Meeting of the Colorado Ground Water Commission took place on August 19, 2016 at The Hotel Elegante, 2886 South Circle Drive, Colorado Springs, Colorado, 80906. Vice Chairman Steve Kramer called the meeting to order at 8:30 a.m. Secretary Nielsen called the roll and determined that a quorum was present. Commission members present were Marc Arnusch, Dan Farmer, Angela Fowler, Eric Hecox, Steve Kramer, Greg Larson, Scott Tietmeyer, Virgil Valdez, Lauren Ris (on behalf of Robert Randall), Dick Wolfe and Carlee Brown (on behalf of James Eklund). Staff members present were Kevin Rein, Keith Vander Horst, Rick Nielsen, Chris Grimes, Shannon Johnson, Neelha Mudigonda and David Keeler. Also present were Jody Grantham, Hearing Officer, Derek Turner, A.G. for the Commission and Jennifer Mele, A.G. for staff. Members of the public were also present. Commissioner Wolfe took a few minutes to introduce incoming Commissioners Fowler and Hecox and to express gratitude to outgoing Commissioners Burr and Clever. He also congratulated Commissioner Kramer on his re-appointment. Vice-Chairman Kramer read into the record a resolution, unanimously adopted by the Commission, recognizing the service of Ms. Carolyn Burr as Commissioner and Chairwoman. He also read a resolution, unanimously adopted by the Commission, recognizing the service of Mr. Larry Clever as Commissioner. Vice-Chairman Kramer presented the resolution together with a plaque, commemorating their service, to each of them. Vice-Chairman Kramer called for agenda item no. 3, the election of the interim Chair and Vice-Chair. Commissioner Arnusch nominated Commissioner Vigil as chair. Commissioner Tietmeyer seconded the nomination. There being no further nominations, Vice-Chairman Kramer closed the nominations. Commissioner Arnusch moved to approve Commissioner Vigil as chair. Commissioner Farmer seconded the motion which passed unanimously. Commissioner Kramer remains vice-chairman. Review and Approval of Agenda Items Commissioner Farmer requested that the Booker matter, originally on the draft agenda, be placed back on the agenda. Mr. Keith Vander Horst, advised the Commission that the item was placed on the draft agenda at the request of legal counsel for Mr. Goss. He said that Mr. Goss decided not to pursue the issue at this meeting causing the item to be removed from the agenda. Commissioner Farmed moved to amend the agenda by re-inserting Mr. Booker under new business. Commissioner Hecox seconded the motion which passed unanimously. Commissioner Larson moved to accept the agenda as amended. Commissioner Arnusch seconded the motion which passed unanimously. Approval of Minutes for Meeting of May 20, 2016, Chairman Valdez asked if there were any corrections or additions to the minutes. There being <none, Commissioner Farmer moved to accept the minutes as presented. Commissioner Tietmeyer seconded the motion which passed unanimously. Report of the Executive Director by Dick Wolfe Mr. Wolfe opened his remarks commenting on the tour the previous day. He said that though there were concerns over the Commission visiting sites associated with contested matters that are or may come before the it, he felt that it was important for the Commission to see for themselves what is going on. Mr. Wolfe spoke briefly on enforcement matters for the Division of Water Resources in dealing with marijuana grows as presented by Mr. Steve Witte the night before. Mr. Wolfe spoke to the rulemaking progress on the Rio Grande. He has met with all of the objectors to the Rules and believes that stipulated settlements with all objectors will be achieved soon. Mr. Wolfe noted that this effort to adopt rules governing the 6,000 wells in the Valley have been ongoing for nine (9) years. On the Republican River, Mr. Wolfe noted that the process to bring Colorado into compact compliance began in 2008 and that over one hundred million dollars has been spent on the efforts. He is optimistic that the long term agreement will be approved in the near future. It is down to word smithing the agreement and making sure that Colorado’s users, inside and outside of the Republican River District, are on board. Chairman Valdez called for agenda item no. 7, Commissioners’ reports Commissioner Tietmeyer advised the Commission that he will be recusing himself from the discussion and decision making on item no. 12-b, dealing with rulemaking in Upper Crow Creek. Commissioner Lauren Ris advised the Commission of leadership changes at the Division of Natural Resources, Mr. Robert Randall has been appointed as Director and that Ms. Ginny Brannon has been appointed as Assistant Director. Chairman Valdez called for agenda item no. 8, the staff activity report. Mr. Keith Vander Horst went over his written report. He did point out that the issuance of final permits for the alluvial wells owned by the Town of Kiowa and the Town of Strasburg is being held up because the well owners objected to the published annual appropriation. They are before the Hearing Officer. He mentioned that one active enforcement action involves Mr. Booker and will be discussed under new business. Mr. Vander Horst noted that there had been thirteen (13) complaints filed with the office. Of those thirteen complaints two (2) led to violations both of which have been resolved. Nine (9) of the complaints concerned marijuana grows. Investigation determined that there were no violations of well permits. The Division of Water resources does not enforce Federal or County regulations. Commissioner Wolfe took a few minutes to introduce Ms. Carlee Brown, representing James Eklund and the CWCB. He noted that she was taking the place of Mr. Ted Kowalski Chairman Valdez called for agenda item no. 9, the Attorney General’s report. Ms. Jen Mele briefed the Commission on the Front Range Resource matter. She said that last May the Court found that Front Range had no definite plans and approved a motion by objectors