DWR_3365890 - Laserfiche WebLink

Enforcement Items and Actions Enforcement actions performed by staff this quarter are summarized below NORTHERN HIGH PLAINS Plains GWMD Staff has identified a well owned by Leon Silkman that that appears to be in violation of an abandonment order. The well is currently inactive; however, the plug and abandonment requirements have not been met. A show cause letter has been sent to the owner, and we are awaiting his response. Marks Butte GWMD Staff has identified a well owned by Joseph Shram that that appears to be in violation of an abandonment order. The well is currently inactive; however, the plug and abandonment requirements have not been met. A show cause letter has been sent to the owner, and we are awaiting his response. Frenchman GWMD Staff has identified a well owned by Gordon Leben that that appears to be in violation of an abandonment order. The well is currently inactive; however, the plug and abandonment requirements have not been met. A show cause letter has been sent to the owner, and we are awaiting his response. UPPER BLACK SQUIRREL CREEK Upper Black Squirrel Creek GWMD It was reported by the District that a well owner has been using a domestic well permit for unpermitted commercial purposes. Staff sent a show cause letter to the owner of record, but the letter was bounced back because the land owner has been foreclosed on. The current owners of the property, Popular Financial Services, are located in Illinois, and they have indicated that they are willing to do whatever is necessary to correct the matter. Staff is currently working with them. It was reported that George Schubert has been irrigating with illegally commingled wells. A show cause letter was sent to Mr. Schubert, who responded promptly with a phone call. Staff is working with him to set up a meeting to further address the matter. It was reported that Wayne Booker has been irrigating lands that are not described currently by two of his well permits. In addition, it was reported Mr. Booker is operating a well that was ordered to be plugged and abandoned. A show cause letter was sent to Mr. Booker, who responded promptly by way of a letter from his attorney. The letter addressed the unpermitted description of acres by providing evidence that the Commission had apparently previously approved the use of the wells on the subject acreage. The letter did not address the plug and abandonment issue. Staff is currently discussing the issues with Mr. Booker’s counsel. KIOWA BIJOU It was reported that Shayne Shulze has been using his domestic well permit for unpermitted commercial uses in a horse riding and boarding facility. A show cause letter has been sent to Mr. Shulze and we are awaiting his response. North Kiowa Bijou GMWD On June 22, 2011 Dale Arnold met with staff to discuss his well permit violations and illegal pond. As a result of this meeting staff agreed to allow Mr. Arnold until August 1, 2011 to achieve the following: Backfill the illegal pond to a point where groundwater is not longer exposed and return the stream channel to its natural state. Apply to change the description of the 31 acres permitted to be irrigated by the wells with permit nos. 21152-RFP-R and 21152-SFP-R to a location in the SE1/4 of Sec. 10, T2S, R62W. Seek a variance from the North Kiowa Bijou GWMD to allow replacement well permit no. 21152-RFP-R to remain in its current location over 50 feet from the location of the original permit. Should the district not give its approval for such a variance request, Mr. Arnold would re-drill the well. As of July 31, 2011, our office had received Mr. Arnold’s applications for the change of description of acres. On August 1, 2011, Mr. Arnold called Chris Grimes to discuss the variance request and pond. During this phone call Mr. Arnold stated that his request for a variance had been approved by the District, and that he was told they would be sending a letter to the Denver office. Staff has not yet received the District’s variance, and has attempted to contact the District’s attorney to discuss this variance request but the District’s attorney has been unresponsive. During the August 1, 2011 phone call, Mr. Arnold also requested to be allowed until August 9, 2011 to complete the backfilling of his pond. Staff has granted this request, and we plan to perform a fourth site inspection on August 9th. Miscellaneous To adjust to staffing needs within the office, Tracy Kosloff has transferred to the office’s South Platte Basin Team KVH Memorandum Upcoming Commission Meeting Page 2 DENNIS W. CORYELL, CHAIRMAN, Burlington; COREY M. HUWA, VICE-CHAIRMAN, Roggen; GRANT H. BLEDSOE, Wray; VIRGIL VALDEZ, Alamosa; C. MAX SMITH, Walsh; CAROLYN F. BURR, Denver; LARRY W. CLEVER, Grand Junction; EARNEST L. MIKITA, Calhan; GEORGE H. SCHUBERT, Calhan; Staff Activity Report Page 2 August 19, 2011 Commission Meeting C. MAX SMITH, CHAIRMAN, Walsh; DENNIS W. CORYELL, VICE-CHAIRMAN, Burlington; GRANT H. BLEDSOE, Wray; LARRY W. CLEVER, Grand Junction; EARNEST L. MIKITA, Calhan; DOUGLAS L. SHRIVER, Monte Vista; COREY M. HUWA, Roggen; FRANK P. JAEGER, Elizabeth; ROBERT R. LOOSE, Wiggins Memorandum to Hal Simpson Page 4 Quarterly Commission Staff Activity Report August 9, 2011 W:\GWC Meetings\2011-08Aug\StaffReport_2011August.doc ERNEST L. MIKITA, CHAIRMAN, Calhan; ANNE J. CASTLE, VICE-CHAIRMAN, Denver; JON B. BROWNELL, Hooper; EUGENE A. BAUERLE, Julesburg; DENNIS W. CORYELL, Burlington; ROBERT R. LOOSE, Wiggins; LARRY CLEAVER, Grand Junction; RICHARD F. HUWA, Keenesburg; CHARLES “MAX” SMITH, Walsh Staff Activity Report Page 4 August 19, 2011 Commission Meeting Memorandum to Hal Simpson Page 5 Quarterly Commission Staff Activity Report August 9, 2011 W:\GWC Meetings\2011-08Aug\StaffReport_2011August.doc StaffReport_2011August.pdf 2011.08.19 10-GW-04 Variance Request.pdf 2011.08.19 11-GW-08 GWC Pre-Hearing Statement.pdf 2011.08.19 11-GW-08 Pre-Hearing Statement Dean Goss.pdf 2011.08.19 11-GW-08 Prehearing Statement Wayne + Frances.pdf 2011.08.19 11-GW-08 Variance to Rule 7.3.5.pdf 2011.08.19 Amendments 37-90-130(4).pdf 2011.08.19 Attendance Record.pdf 2011.08.19 Meeting Attendance Staff.pdf 2011.08.19 Record of Proceedings.pdf 2011.08.19 Staff Report w_ Tables.pdf 2011.08.19 Variance Request Exhibits C-G.pdf