DWR_3364092

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 11/20/2015
• Subject: MEETING MATERIALS

of time all conditional 36 r 1 j r I t l I i t I I I t t t 1 i If i I I i i f I i C i e fc 4d 1 NAME OF STRUCTURE 2 SOURCE 3 POINT OF DIVERSION 4 PURPOSES 5 PRIORITY DATE 6 AMOUNT 1
NAME OF STRUCTURE 2 SOURCE 3 POINT OF DIVERSION 4 PURPOSES 5 PRIORITY DATE 6 AMOUNT c C G l ii PRIORITY NO A 61 V01 2 69 p McFarlin 2 Black Squirrel Creek A point from which the Northeast
corner of Sec 32 Township 13 South Range 62 West of the 6th P M bears North 440 17 46 East a distance of 6 726 feet Irrigation Domestic and Mechanical December 2 1954 and December 15
1954 1 5 cubic feet per second of time as of December 2 1954 and 1 5 cubic feet per second of time as of December 15 1954 Total capacity 3 cubic feet per second of time all conditional
PRIORITY NO A 62 65Vol 2 p Salladay 9 BlackSquirrel Creek A point from which the Southwest corner of Sec 20 Township 13 South Range 62 West of the 6th P M bears South 160 25 30 Vest
a distance of 2 777 feet Irrigation Domestic and Mechanical December 3 1954 2 cubic feet per second of time 37 c c 1 NAME OF STRUCTURE 2 SOURCE 3 POINT OF DIVERSION 4 PURPOSES 5 PRIORITY
DATE 6 AMOUNT 1 NAME OF STRUCTURE 2 SOURCE 3 POINT OF DIVERSION 4 PURPOSES 5 PRIORITY DATE 6 AMOUNT L J PRIORITY NO A 63 Vol 9 p 14 Ford White Ditch 2 Hay Creek A point whence the Ni
corner of Sec 4 Township 12 South Range 64 West bears North 840 13 West a distance of 3 079 feet Irrigation September 15 1955 2 cubic feet per second of time PRIORITY NO A 64 Vol 2
p 48 Booker 10 Black Squirrel Creek A point from which the Southwest corner ofSec 17 Tbwnship 14 South Range 62 West of the 6th p M bears North 440 10 53 West a distance of I 364 feet
Irrigation Domestic and Mechanical December 10 1955 4 10 cubic feet per second of time 38 i i i 1 NAME OF STRUCTURE 2 SOURCE 3 POINT OF DIVERSION 4 PURPOSES 5 PRIORITY DATE 6 AMOUNT
1 NAME OF STRUCTURE 2 SOURCE 3 POINT OF DIVERSION 4 PURPOSES 5 PRIORITY DATE 6 AMOUNT PRIORITY NO A 65 Vol 2 p 68 Mc FarlinWell l Black Squirrel Creek A point from which the Northeast
corner of Sec 32 Township 13 South Range 62 West of the 6th p M bears North 170 44 17 East a distance of 4 566 feet Irrigation Domestic and Mechanical December 13 1955 and December
15 1955 80 cubic foot per second of time as of December 13 1955 and 2 cubic feet per second of time as of December 15 1955 Total capacity 2 80 cubic feet per second of time PRIORITY
NO A 66 Vol 19 9 p Ford White Ditch 3 Unnamed tributary ofBlack Squirrel Creek lThe S corner of Sec 33 Township 11 South Range 64 West of the 6th p M bears South 68019 37 West a distance
of 5 594 6 feet Irrigation April 30 1959 2 1 cubic feet per second of time 39 T t 0 r C C 1 I Done in open court this r J day of L l 1962 v0 Ii 1 I f I t I I i I n i I i I I I 1 This
decree is final and unconditional except to the extent that any water right herein awarded is conditional and a final decree shall be hereafter entered for such amount of water as shall
be shown in a subsequent proceeding to have been applied to beneficial use with reasonable diligence with respect to any conditional decree herein provided that the amount of water
so to be hereafter finally decreed to such conditional appropriation shall in no event be in excess of the maximum amount fixed in such conditional decree BY THE COURT 4flt Ju ge i
j I i 1 1 i i 40 I 1 t f
CherokeeComplaintExhibit 2 - 1999 Stipulation and Release - 98-CW-80.pdf

DeNovoDraftLanguage2015-16.docx
37-90-115(1)(b)(III)
37-90-115. Judicial review of actions of the ground water commission or the state engineer.(1)(b)(III) Proceedings upon appeal shall be de novo; except that evidence taken in any administrative
proceeding appealed from may be considered as original evidence, subject to legal objection, as if said evidence were originally offered in such district court A DISTRICT COURT SHALL
REVIEW THE COMMISSION’S OR THE STATE ENGINEER’S DECISION OR ACTION DE NOVO, CONSIDERING ONLY EVIDENCE THAT WAS TAKEN IN THE ADMINISTRATIVE PROCEEDING APPEALED FROM AND INCLUDED IN THE
RECORD. HOWEVER, IF THE DISTRICT COURT DETERMINES THAT EVIDENCE WAS WRONGLY EXCLUDED, IT SHALL REMAND TO THE COMMISSION OR STATE ENGINEER.
This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2016, if adjournment sine
die is on May 6, 2016) and shall not apply to appeals commenced ON OR BEFORE THE EFFECTIVE DATE OF THIS ACT.
{00409627.1}
DeNovoDraftLanguage2015-16.pdf
{00409627.1} 37-90-115(1)(b)(III) 37-90-115. Judicial review of actions of the ground water commission or the state engineer.(1)(b)(III) Proceedings upon appeal shall be de novo;
except that evidence taken in any administrative proceeding appealed from may be considered as original evidence, subject to legal objection, as if said evidence were originally offered
in such district court A DISTRICT COURT SHALL REVIEW THE COMMISSION’S OR THE STATE ENGINEER’S DECISION OR ACTION DE NOVO, CONSIDERING ONLY EVIDENCE THAT WAS TAKEN IN THE ADMINISTRATIVE
PROCEEDING APPEALED FROM AND INCLUDED IN THE RECORD. HOWEVER, IF THE DISTRICT COURT DETERMINES THAT EVIDENCE WAS WRONGLY EXCLUDED, IT SHALL REMAND TO THE COMMISSION OR STATE ENGINEER.
THIS ACT TAKES EFFECT AT 12:01 A.M. ON THE DAY FOLLOWING THE EXPIRATION OF THE NINETY-DAY PERIOD AFTER FINAL ADJOURNMENT OF THE GENERAL ASSEMBLY (AUGUST 5, 2016, IF ADJOURNMENT SINE
DIE IS ON MAY 6, 2016) AND SHALL NOT APPLY TO APPEALS COMMENCED ON OR BEFORE THE EFFECTIVE DATE OF THIS ACT.
HearingOfficersReport2015Nov.pdf
1 HEARING OFFICER'S REPORT Prepared for the November 20, 2015 meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before
the Colorado Ground Water Commission as of October 30, 2015. 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. 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. 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 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 2 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 still pending determination by District Court as to whether Order entered by Court is presently appealable. Relevant cases
before Commission therefore remain stayed. Oral argument before Supreme Court held on December 10, 2014. 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. Farmer, Edna I Case No. 09-GW-02 Designated Basin: Upper Black Squirrel Date of request: March 12, 2009 Subject: Objection
to an application for Determination of Water Right Status: Stayed pending outcome of Cherokee replacement plan case, Case No. 08GW71. The Applicant has recently indicated they may
desire to move forward with this case in the near future. Hearing Officer is awaiting request from Applicant. Application voluntarily withdrawn. Ordered withdrawn without prejudice
on May 26, 2015. Case closed. Farmer, Daniel & Teresa Case No. 09-GW-03 Designated Basin: Upper Black Squirrel Date of request: March 12, 2009 Subject: Objection
to an application for Determination for Water Right Status: Stayed pending Cherokee replacement plan case, Case No. 08GW71. Application voluntarily withdrawn. Ordered withdrawn
without prejudice on May 26, 2015. Case closed. 3 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. 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. Greathouse, William Case No. 11-GW-06 Designated Basin: Southern High Plains Date of request: May 3, 2011 Subject: Objection to the Issuance of a Final
Permit Status: Staff informed the Hearing Officer they are not obtaining any responses from the lessee. Order to show cause as to why this matter should not be dismissed for failure
to prosecute mailed November 4, 2014. No response received as of February 3, 2015. Order remanding case to Staff for issuance of Final Permit as published and dismissing objection
entered. If no appeal filed in 30 days staff may proceed with final processing. As noted, the Hearing Officer issued an Initial Decision/Order on February 3, 2015, remanding and
closing the case. However, on February 9 or 10, Mr. Greathouse requested that the Hearing Officer reconsider his decision via a phone call to Staff. On April 24, 2015, the Hearing
Officer issued an Order reopening the case and set it for a Status Conference on June 4, 2015. Application was republished. Objection period ends August 17, 2015. Case closed. Final
order issued on September 2, 2015 as all issues were resolved. 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 4 before the Supreme Court held on September 30, 2015. Decision pending. 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 scheduled to be heard on November 12, 2015. Arnusch Investments Case No. 14-GW-07 Designated Basin: Lost Creek Date of request: Dec.9, 2014
Subject: Application for change in type of use. Status: 4 day hearing set for October 27 – 30, 2015 was vacated on October 22, 2015 and the case was remanded to Staff as all parties
entered stipulations resolving the matter. WCR Resources Case No. 15-GW-01 Designated Basin: Lost Creek Date of request: Jan. 20, 2015 Subject: Application for change in
type of use. Status: Five day hearing isl set for December 14 through 18, 2015. 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: Status conference held on July 31, 2015 and the parties agreed to continue to meet
to discuss settlement. At the status conference held on October 6, 2015, the parties requested more time and it was granted. Next status conference is scheduled for January 20, 2016
to discuss further proceedings. 5 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. Preston Ranch Ministries, LLC Case No. 15GW09 Designated Basin: Lost
Creek Date of request: Aug. 4, 2015 Subject: Objections to Application for Determination of Ground Water Rights Status: Parties came to agreements and application remanded to Staff
for administrative processing. Case closed. 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: Scheduled for a one day hearing on March 15, 2016. Guttersen Ranches, LLC Case No. 15GW11 Designated Basin: Lost Creek
Date of request: Sept. 8, 2015 Subject: Objections to Application for Determination of Ground Water Rights Status: Parties reached agreement. Application remanded to Staff on
October 21, 2015. 6 Prospect Valley Dairy, LLC Case No. 15GW12 Designated Basin: Lost Creek Date of request: Sept. 10, 2015 Subject: Objection to Replacement Plan
application. Status: Parties in settlement discussions. Status conference scheduled for November 13, 2015. Cervi Enterprises, Inc. Case No. 15GW13 Designated Basin: Lost Creek
Date of request: Sept. 16, 2015 Subject: Objections to determination of Water Rights. Status: Two objectors have withdrawn leaving one final objector. Status conference scheduled
for November 13, 2015. 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. 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.
Respectfully submitted, ______________________________ Joseph (Jody) Grantham, Hearing Officer
Minutes_2015_8-21_Draft.docxMINUTES

MINUTES
THIRD QUARTERLY MEETING
COLORADO GROUND WATER COMMISSION
AUGUST 21, 2015
The third Quarterly Meeting of the Colorado Ground Water Commission took place on August 21, 2015, at the Harry Andrews Training Center, Alamosa County Facilities, 8900 Independence
Way, Room 221, Alamosa Co 81101. Chair<woman Carolyn Burr 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 Marc Arnusch, Carolyn Burr, Dan Farmer, Blake Gourley, Steve Kramer, Greg Larson, Scott Tietmeyer, Virgil Valdez, Dick Wolfe and Susan Sellers (on behalf
of James Eklund). Staff members present were Keith Vander Horst, Richard Nielsen, Chris Grimes, Geoff Davis, Shannon Johnson, Justina Mickelson, David Keeler. Also present were Derek
Turner, A.G. for the Commission and Jennifer Mele, A.G. for staff. <Members of the public were also present.
Biennial Election of Chair and Vice-Chair, Chairwoman Burr advised the Commission that her term will expire in May and that she is term limited.
Commissioner Valdez nominated Commissioner Burr as chairwoman.
Commissioner Tietmeyer seconded the nomination.
Commissioner Larson moved to close nominations.
Commissioner Gourley seconded the motion.
Commissioner Burr was elected chairwoman by acclamation.
Commissioner Valdez nominated Commissioner Kramer as vice chairman.
Commissioner Arnusch seconded the nomination.
Commissioner Farmer moved to close nominations.
Commissioner Gourley seconded the motion.
Commissioner Kramer was elected vice chairman by acclamation.
Review and Approval of Agenda Items, the agenda was amended moving item no. 11 (a) to agenda item no. 6.
Approval of Minutes for Meeting of May 15, 2015, Chairwoman Burr asked if there were any corrections or additions to the minutes. There being none,

Commissioner Valdez moved to approve the minutes as presented.
Commissioner Tietmeyer seconded the motion which carried unanimously with Commissioner Farmer abstaining.
Report of the Executive Director by Dick Wolfe
Mr. Wolfe opened his remarks by introducing the Division 3 staff that were present at the meeting, thanking them for their involvement with the tour the day before.
Addressing the Republican River issues, Mr. Wolfe advised the Commission that negotiations were continuing with Kansas and Nebraska for permanent approval of the compliance pipeline.
He noted that the temporary approvals have been working well and expects another such approval this year. Mr. Wolfe acknowledged the contributions of Colorado Agricultural Commissioner
Don Brown and Mr. John Stulp in the recent meetings with Kansas and Nebraska were they began looking at the broader issues such as Basin wide economics.
Mr. Wolfe asked Mr. Grimes to update the Commission on the status of the well measurement rules. Mr. Grimes advised the Commission that a rulemaking hearing was scheduled for September
10, 2015 in Burlington. He said that a notice was to be printed in all of the newspapers that cover the Northern High Plains. Mr. Grimes said that a settlement had been reached with
all of the objectors so they expected a smooth Rulemaking Hearing. He also said that though the amended rules clean up some language and discuss use of PCC’s as a method to determine
pumping, the primary reason for the amendment was to expand the area covered by the Rules to include all of the Plains District. That part of East Cheyenne District that was to be
included was not because the District recently developed their own rules and had agreed to Commission oversight. Mr. Grimes expects the rules to be adopted within 180 days of the Hearing,
as required.
Mr. Wolfe spoke to the litigation initiated by the Hutton Foundation. He mentioned that there are three claims in the filing; 1. That the State Engineer’s administration of the Compact
is unlawful, 2. That SB 52 is unconstitutional and 3. That the Ground Water Management Act is unconstitutional. Mr. Wolfe informed the Commission that 2 of 3 motions by the Division
of Water Resources were granted. The first removed the Department of Natural Resources from the complaint and the second caused the Hutton Foundation to notice all well owners in the
Basin. The third motion, to join the Ground Water Commission in the case was denied.<
In response to questions regarding the Upper Crow Creek Basin that were raised at the May meeting, Mr. Wolfe said that if the Management District were to measure its own water levels,
that this office would pay them $37.00 per well. He also noted that the hydrogeological unit is mapping the aquifers in the Basin. He is of the opinion that this effort will lead
to a better understanding of what is present and to an enhanced dialogue.
Mr. Wolfe addressed matters in the Rio Grande Basin. He noted that the local paper, The Valley Courier, had headlines of “Water Rules Eminent”. Mr. Wolfe advised the Commission that
the latest objection period to the rules ended the Wednesday before and that there were a few objections to be reviewed. He said that the model and response functions had been finalized
and provided to the prospective districts for use in their rulemaking. Mr. Wolfe said that the paper did a good job capturing everything well and to read it if additional information
was needed. Mr. Wolfe reminded the Commission that Texas had filed a claim against New Mexico involving the Rio Grande Compact. He said that Colorado, as a signatory of the Compact,
is a party to the lawsuit. He advised the Commission that the Supreme Court had accepted the claim by Texas and assigned a Special Master to the case. He said that all proceedings
will be held in New Orleans because that is where the Special Master lives.
There were no questions of Mr. Wolfe.
Chairwoman Burr called for agenda item no. 6, Commissioners’ reports;
Commissioner Farmer spoke to an item before the Water Quality Control Commission. He had received notice of a meeting of the Water Quality Control Commission to discuss lowering the
standards for TDS infiltration. He said that currently in Black Squirrel the standard is 250 ppm and the proponents want to lower the standard to 600 ppm. Mr. Farmer would like to
see the Ground Water Commission get involved in this and questioned how such an action would affect using the basin as a storage reservoir. Mr. Farmer stated that he would like to
see the Ground Water Commission more directly involved in the many pending enforcement actions.
In response to a question by Commissioner Wolfe, Mr. Farmer answered that it is his understanding that the Water Quality Control Commission is going to formally do Rulemaking to amend
Rules 41 & 42 within the next six months.
Ongoing discussion between Mr. Farmer, Mr. Wolfe and Mr. Turner identified that the process is probably at the “stake holder” stage at the present time and that legal council will look
into it and respond appropriately.
Commissioner Tietmeyer updated the Commission on administration of the White River by the State of Wyoming. In the Carpenter area no new wells can be constructed but wells may be constructed
in the Cheyenne area however, if the static water level drops 20% they must cease pumping the well. He believes that the State wants the local users to be self administering. He noted
that the area around Carpenter has three choices, establish their own pumping limitations, let the State set the pumping limits after ten years of collecting data or do nothing. Mr.
Tietmeyer thinks that Wyoming is looking at a twenty year aquifer life if nothing is done.
In response to a question by Mr. Wolfe, Mr. Tietmeyer advised the Commission that people in his area have hired Andy Jones to proceed with the creation of a Management District. He
said that they are also talking about a watershed basin district so that what is done in Colorado can also be done in Wyoming. He also said that there is talk about asking for a Rule
change to close the White River formation to new appropriations basin wide.
Commissioner Burr informed the Commission that independent water users in the Basins are taking action to reintroduce the bill regarding De Novo reviews that was not pursued last year.
<
Chairwoman Burr called for agenda item no. 7, Presentation about impact of Division 3 Well Use Rules on local water users, by Division 3 Engineer Craig Cotten.
Mr. Cotten opened his presentation by noting that there are approximately 6,000 wells in the Division producing from the unconfined (100 feet thick) and confined (up to 4,000 feet thick)
aquifers. He said that the Valley had tried to establish rules in 1975 but after ten years of litigation all parties agreed through stipulations to continue the current practices.
He went on to say that the currently proposed rules address the replacement of depletions to the surface streams, aquifer sustainability and they establish an irrigation season. Mr.
Cotten said that once the Rules are adopted well owners will have two years to become part of a conservation district, have their own augmentation plan or discontinue pumping their
wells. He noted that in developing the rules the advisory committee considered such items as how to handle lag<ged depletions of 20 years or more and what do they want the Valley to
look like.
Mr. Cotten said that of the seven proposed sub-districts only sub-district 1 is operational. This district charges $75 per acre-foot of water pumped but also provides a $75 per acre-foot
credit for water brought into the Basin. Mr. <Cotten said that the irrigators are also turning to low water demand crops (Hemp and canola etc), various CREP programs and converting
to solar fields to reduce water demand.
In a brief question and answer session, Mr. Cotten answered questions on crop water use in relation to natural precipitation, CREP requirements in the Valley and the effect of various
measures on land values.
Chairwoman Burr called for agenda item no. 8, the staff activity report.
Mr. Keith Vander Horst went over his written report. He noted that though five Hearing cases (<Beedy, two for Burnett Land and Cattle, Dan Farmer and Magnum Feed) had been finalized
there were five new cases (Preston Ranch, two for Axton, Garner and Deterding) had been entered into. Mr. Vander Horst reported that seven complaints of violation had been investigated
and found to be unfounded. He also said that there was a rise in complaints about surface ponds (mostly from the Management Districts) that were probably related to the recent court
ruling in the Meridian matter. Mr. Vander Horst closed his comments by introducing Mr. Geoff Davis a new team member replacing Debra Gonzales who moved to the Division 1 team.
In response to a question from Commissioner Valdez, Mr. Vander Horst confirmed that the use of the Beedy wells does not allow for use in oil and gas development. He said that the Hearing
Officer agreed with Staff’s position that the commercial designation on the permits was limited to piscatorial use.
Chairwoman Burr called for agenda item no. 9, the Attorney General’s report.
Ms. Jenifer Mele reported on three cases, in the matter of the Cherokee replacement plan she anticipates more litigation because the Supreme Court did not give clear direction in its
ruling. As to the Gallegos case, a briefing schedule should be set in September and the Meridian case is set for oral arguments before the Supreme Court on September 30th. Ms. Mele
also reported that Cherokee Metropolitan District filed a lawsuit naming Upper Black Squirrel and the Commission as defendants. She indicated that this suit is for direction on how
they can use wells 1 through 8. Ms. Mele stated that she had filed a motion to dismiss because the matter should come before the Commission, not the District Court.
Responding to Commissioner Burr, Ms. Mele said that the Gallegos matter in the District Court was for all intents a new trial though the judge would refer to the Hearing Officer’s decision.
Chairwoman Burr called for agenda item no. 10, Management District Reports
Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that the crops look good. He stated that three of his four districts are concerned