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Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 16, 2013 Agenda2013AugAmended.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of May 17, 2013 4. Report of the Executive Director by State Engineer Dick Wolfe 5. Commissioners’ Reports 6. Hearing on a request by Verna Marlene Hill for a variance to Rule 7.3.1, 7.3.2, 7.3.3, and 7.3.4 to allow for the relocation of a well, permit no. 6412-FP. 7. Hearing on appeal from the Initial Decision of the Hearing Officer in the matter of water rights applied for by Meridian Service Metropolitan District in Division 2 Water Court Case no. 2010CW-95, Commission Case no. 12-GW-10 8. Staff Report by Keith Vander Horst 9. Report of the Attorney General by Jen Mele and Pat Kowaleski. This is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 14 for discussion in Executive Session if the Board has questions about the litigation. a. Discussion of District Court’s standard of review for de novo proceeding of appeal of the decision of the Commission on the Gallegos case. 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 12. New Business a. Discussion on possible rule change to allow for temporary changes of a water right. b. Appointment of Commission representative to Republican River Water Conservation District NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 8:30 a.m., Friday, August 16, 2013 Heroes Pavilion at the Pueblo Conference Center 320 Central Main St., Pueblo Colorado 81003 A G E N D A - Amended NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 16, 2013 A G E N D A (page 2, cont.) 13. Public Comments 14. Executive Session (if needed) 15. Adjournment Agenda2013AugAmendedDraft.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 8:30 a.m., Friday, August 16, 2013 Heroes Pavilion at the Pueblo Conference Center 320 Central Main St., Pueblo Colorado 81003 A G E N D A - Amended Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of May 17, 2013 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports Hearing on a request by Verna Marlene Hill for a variance to Rule 7.3.1, 7.3.2, 7.3.3, and 7.3.4 to allow for the relocation of a well, permit no. 6412-FP. Hearing on appeal from the Initial Decision of the Hearing Officer in the matter of water rights applied for by Meridian Service Metropolitan District in Division 2 Water Court Case no. 2010-CW-95, Commission Case no. 12-GW-10 Staff Report by Keith Vander Horst Report of the Attorney General by Jen Mele and Pat Kowaleski. This is a background briefing on legal issues in the written report.< The Board may refer any item< contained or discussed under this topic to Agenda Item No. 14 for discussion in Executive Session if the Board has questions about the litigation. Discussion of District Court’s standard of review for de novo proceeding of appeal of the decision of the Commission. 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 KiowaBijou 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 New Business Discussion on possible rule change to allow for temporary changes of a water right. Appointment of Commission representative to Republican River Water Conservation District Public Comments Executive Session (if needed) Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 16, 2013 Agenda2013AugDraft.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 8:30 a.m., Friday, August 16, 2013 Heroes Pavilion at the Pueblo Conference Center 320 Central Main St., Pueblo Colorado 81003 A G E N D A Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of May 17, 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 KiowaBijou 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 New Business Discussion on possible rule change to allow for temporary changes of a water right. Public Comments Executive Session (if needed) Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 16, 2013 Colorado Groundwater Commission APPOINTMENT.doc APPOINTMENT TO THE REPUBLICAN RIVER WATER CONSERVATION DISTRICT BOARD OF DIRECTORS The Board of Commissioners of the Colorado Groundwater Commission appoints the following person to serve on the Board of Directors of the Republican River Water Conservation District for a three year term that will expire on the date of the regular quarterly meeting to be held the second Thursday in October of 2016. Name: _____________________________________ Address: _____________________________________ City/St/Zip: _____________________________________ Phone: _____________________________________ FAX: _____________________________________ e-mail: _____________________________________ ____________________________________ Signature ____________________________________ Date Colorado Groundwater Commission APPOINTMENT_Completed.doc APPOINTMENT TO THE REPUBLICAN RIVER WATER CONSERVATION DISTRICT BOARD OF DIRECTORS The Board of Commissioners of the Colorado Groundwater Commission appoints the following person to serve on the Board of Directors of the Republican River Water Conservation District for a three year term that will expire on the date of the regular quarterly meeting to be held the second Thursday in October of 2016. Name: Steven D. Kramer______________________ Address: 39515 County Road GG_________________ City/St/Zip: Bethune, CO 80805_____________________ Phone: (719)-346-8860; Cell (719)-349-8860_______ FAX: _____________________________________ E-mail: sckramerfarms@gmail.com_______________ ____________________________________ Signature ____________________________________ Date CRS 37-90-115.docx COLORADO REVISED STATUTES TITLE 37. WATER AND IRRIGATION WATER RIGHTS AND IRRIGATION ARTICLE 90.UNDERGROUND WATER C.R.S. 37-90-115 (2012) 37-90-115. Judicial review of actions of the ground water commission or the state engineer(1) (a) Any party, including a ground water management district, adversely affected or aggrieved by any decision or act of the ground water commission, except for the adoption of rules, under the provisions of this article or by a decision or act of the state engineer under http://web.lexisnexis.com/research/buttonTFLink?_m=ca075aa00c5385e11bb92c3ddab0f011&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bC.R.S.%2037-90-115%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat= 0&_butNum=2&_butInline=1&_butinfo=COCODE%2037-90-110&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzt-zSkAl&_md5=305b9ba71d5d095635a96b0e7b3ffe9asection 37-90-110 may take an appeal to the district court in the county wherein the water rights or wells involved are situated.(b) (I) The notice of such appeal shall be served by the appellant upon the state engineer or the commission and all interested parties within thirty-five days after the notice of such decision or act and, unless such appeal is taken within said time, the action of the state engineer or the commission shall be final and conclusive. For purposes of service only, "all interested parties" shall be limited to those parties which appeared at, and were granted party status in, any administrative hearing held by the commission or state engineer concerning the decision or act from which the appeal is taken. If no administrative hearing has been held, notice of such appeal shall be given by publication pursuant to http://web.lexisnexis.com/research/buttonTFLink?_m=ca075aa00c5385e11bb92c3ddab0f011&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bC.R.S.%2037-90-115%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat= 0&_butNum=3&_butInline=1&_butinfo=COCODE%2037-90-112&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzt-zSkAl&_md5=f09e666b9443432452b81f3f5390b328section 37-90-112. (II) Notice of such appeal, proof of service, and docketing of the appeal in the district court shall be accomplished in the same manner as any other civil suit originally commenced in the district courts of this state. Costs shall be charged to the appellant as in any other civil suit.(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.(IV) It is the duty of the commission or the state engineer, upon being served with a notice of appeal pursuant to this section, to transmit to the district court to which the appeal is taken the papers, maps, plats, field notes, orders, decisions, and other available data affecting the matter in controversy or certified copies thereof, which certified copies shall be admitted in evidence as of equal validity with the originals.(V) For the purpose of maximizing continuity in the disposition of designated ground water cases, on or before January 10 of each year, the supreme court shall designate or redesignate a designated ground water judge for each designated ground water basin, who shall be selected from a judicial district within which some part of that designated ground water basin lies, and any vacancy that occurs during such year shall be filled by designation of the supreme court. The services of each designated ground water judge shall be in addition to such judge's regular duties as a district judge but shall take priority over such regular duties, and the schedules of the district judges in each such judicial district shall be arranged and adjusted so that the designated ground water judge shall be free to hear designated ground water cases. All cases relating to designated ground water which are filed in each judicial district shall be assigned to the designated ground water judge, and all proceedings regarding said cases shall be heard by the designated ground water judge. If it becomes necessary during any year for the proper handling of designated ground water cases in any judicial district, the supreme court shall designate one or more additional designated ground water judges from that judicial district or may make temporary assignments of other judges to hear such cases.(2) Any party adversely affected or aggrieved by a rule adopted by the ground water commission may take an appeal pursuant to http://web.lexisnexis.com/research/buttonTFLink?_m=ca075aa00c5385e11bb92c3ddab0f011&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bC.R.S.%2037-90-115%5d%5d%3e%3c%2fcite%3e&_butType=4&_butStat= 0&_butNum=4&_butInline=1&_butinfo=COCODE%2024-4-106&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzt-zSkAl&_md5=b818146ab36d68654d07add6aa30a281section 24-4-106, C.R.S. CRS 37-90-115.pdf COLORADO REVISED STATUTES TITLE 37. WATER AND IRRIGATION WATER RIGHTS AND IRRIGATION ARTICLE 90.UNDERGROUND WATER C.R.S. 37-90-115 (2012) 37-90-115. Judicial review of actions of the ground water commission or the state engineer (1) (a) Any party, including a ground water management district, adversely affected or aggrieved by any decision or act of the ground water commission, except for the adoption of rules, under the provisions of this article or by a decision or act of the state engineer under section 37-90-110 may take an appeal to the district court in the county wherein the water rights or wells involved are situated. (b) (I) The notice of such appeal shall be served by the appellant upon the state engineer or the commission and all interested parties within thirty-five days after the notice of such decision or act and, unless such appeal is taken within said time, the action of the state engineer or the commission shall be final and conclusive. For purposes of service only, "all interested parties" shall be limited to those parties which appeared at, and were granted party status in, any administrative hearing held by the commission or state engineer concerning the decision or act from which the appeal is taken. If no administrative hearing has been held, notice of such appeal shall be given by publication pursuant to section 37-90-112. (II) Notice of such appeal, proof of service, and docketing of the appeal in the district court shall be accomplished in the same manner as any other civil suit originally commenced in the district courts of this state. Costs shall be charged to the appellant as in any other civil suit. (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. (IV) It is the duty of the commission or the state engineer, upon being served with a notice of appeal pursuant to this section, to transmit to the district court to which the appeal is taken the papers, maps, plats, field notes, orders, decisions, and other available data affecting the matter in controversy or certified copies thereof, which certified copies shall be admitted in evidence as of equal validity with the originals. (V) For the purpose of maximizing continuity in the disposition of designated ground water cases, on or before January 10 of each year, the supreme court shall designate or redesignate a designated ground water judge for each designated ground water basin, who shall be selected from a judicial district within which some part of that designated ground water basin lies, and any vacancy that occurs during such year shall be filled by designation of the supreme court. The services of each designated ground water judge shall be in addition to such judge's regular duties as a district judge but shall take priority over such regular duties, and the schedules of the district judges in each such judicial district shall be arranged and adjusted so that the designated ground water judge shall be free to hear designated ground water cases. All cases relating to designated ground water which are filed in each judicial district shall be assigned to the designated ground water judge, and all proceedings regarding said cases shall be heard by the designated ground water judge. If it becomes necessary during any year for the proper handling of designated ground water cases in any judicial district, the supreme court shall designate one or more additional designated ground water judges from that judicial district or may make temporary assignments of other judges to hear such cases. (2) Any party adversely affected or aggrieved by a rule adopted by the ground water commission may take an appeal pursuant to section 24-4-106, C.R.S. Enforcement Items and Actions August Meeting.docx Enforcement Items and Actions NORTHERN HIGH PLAINS Plains GWMD Staff continued to work with the District to address issues concerning two small capacity commercial wells owned by B&B Farms that were believed to have been operating without totalizing flow meters. B&B farms responded to our certified letter promptly, stating that one of the wells is currently inactive and should they decide to use the well, they will ensure that it is metered and send in meter reports to the district. The 2nd well is being used by the Fitzpatrick Oil and Gas Co. The well is metered and they have agreed to begin submitting meter reports to the district. Staff continued to work with the District to address issues concerning a small capacity commercial well owned by Schaal Farms that were believed to have been operating without a totalizing flow meter. After a follow-up inspection indicated th<e well was being used without a meter as required, Staff sent a certified letter threatening further legal action. Warren <Schaal responded to the certified letter, stating that the meter had been removed from the well because the well was not being used, and if they decide to use the well in the future, they will ensure that it is metered and send in meter reports to the district. Mr. Schaal was informed that should staff see the well operating without a meter, an immediate cease and desist order will be issued. GWC staff and personnel from the district will be checking this well throughout the year to verify any use. Staff and District personnel met with the Town of Vona -- found to be in violation of the overpumping order issued for the town’s municipal well -- and we believe we have come up with a viable solution to assist with the town’s water needs. At this time, the well has been shut down for the year and the town is working to connect to the town of Siebert. Staff will continue to work with them to ensure the overpumping order is not violated. It has been reported that the Knox family has been using a small capacity well for the irrigation of 3 acres of home gardens and lawns. Staff is currently investigating the matter. Arikarree GWMD A cease and desist order was issued to Dean Wieser for operating a well to irrigate unpermitted expanded acres. Mr. Wieser has contested the order and Staff is working with him to address his issues. At this time the order has not been turned over to the AG’s office for the collection of fines while Staff looks into the matter further, and we are working with Mr. Wieser to ensure compliance with the order is achieved. KIOWA BIJOU North Kiowa Bijou GWMD It was reported that Phil Mog had constructed a well without a permit, and said well was being used in a commercial operation. After investigating the matter, staff discovered Mr. Mog has a permit for the well which includes small capacity commercial uses, and the well being constructed was a permitted re-drill. SANDHILLS Sandhills GWMD It was reported that the Rocky Mountain Rooster Hunting Club has been excavating in the Bijou Creek alluvium and exposing ground water. A show cause letter was sent to the owner, Brett Axon, of the Hunting Club, and he promptly replied. He did acknowledge that while one of the existing ponds was cleaned out (removal of cattails and debris from the stream), it was not deepened. Mr. Axon provided photos of the pond in question as well as a detailed description of the work performed. He indicated they did not do any other work on the Bijou creek, or create any new excavations. The original report did state there were multiple excavations. Staff has requested that the complainant provide additional detail about where these excavations occurred. Upon receipt of these details, staff will arrange a field inspection to look at the entire area in question. HearingOfficersReport2013-8-1.pdf 1 HEARING OFFICER'S REPORT Prepared for the August 16, 2013, meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water Commission as of May 3, 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). Of importance: Issue before District Court recently was whether “de novo,” as provided in C.R.S. 37-90-115(1)(a)(III) permits a party on appeal to the district court to offer evidence that was not previously before the Commission. Court ruled the can submit evidence that was not before the Commission in the previous proceeding. 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. 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. 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. 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. 3 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. If nothing occurs within 30 days order to show cause will be forthcoming from Hearing Officer. A Prehearing Conference was held on August 4, 2011. After conferring with Staff for the Colorado Ground Water Commission (“Staff”) and the Respondent, Mr. Greathouse, it was determined that Staff will work with the Respondent to attempt to resolve this matter in a manner acceptable to both parties. Matter is pending outcome of negotiations. 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. Appeal to be heard August 16, 2013. 4 Benny L. Cantrall Revocable Trust Case No. 12-GW-25 Designated Basin: Northern High Plains Date of request: 19-April-12 Subject: Objection by the Republican River Water Conservation District to an application for change in the description of acres irrigated by Permit Nos. 19476-FP and 20809-FP. Status: By letter dated May 1, 2012, the Objector withdrew their objection pending terms and conditions as indicated in the letter. Applicant was to provide Hearing Officer an indication they accepted the terms set forth in the withdrawal letter by June 22, 2012 or the case would be set for a hearing. The Hearing Officer has received no indication as ordered. Staff has been requested to follow up provide the Hearing Officer with an update. Awaiting Staff update as to status. 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. Matter is set for a Hearing on September 5, 2013. Kenneth W. & Iris A. Kendall Case No. 13-GW-02 Designated Basin Kiowa-Bijou Date of request: 12-Feb-13 Subject: Objection by well and permit owner to an Order issued by Staff cancelling Permit No. 17072-F. Status: A prehearing conference was held on April 24, 2013. At the suggestion of the Hearing Officer, the parties agreed to allow him to rule on the matter pursuant to Rule 6.P of the Rules of Procedure for Hearings before the Commission. The parties have or will submit evidence to the Hearing Officer and he will rule from the bench based on the evidence submitted. The parties have until May 31, 2013 to supplement their evidence prior to consideration of the matter. Hearing Officer rescinded permit cancellation and remanded to Staff for consideration of further evidence of beneficial use. 5 Mary Ellen Hardwick Case No. 13-GW-04 Designated Basin Northern High Plains Date of request: 04-Apr-13 Subject: Objection by the Hays family and Central Yuma District to an application for an appropriation of ground water. Status: Variance