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AG Report2014Feb.docxATTORNEY GENERAL’S REPORT ATTORNEY GENERAL’S REPORT Cases involving the Colorado Ground Water Commission February 21, 2014 The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of February 7, 2014. cherokee metropolitan district Case No. 08-GW-71 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer and District Court Attorney: Jen Mele Subject: An application for approval of a replacement plan to make new appropriations from the alluvial aquifer within the basin. Objections were submitted by the District, along with four other water users in the basin. A hearing was held for two weeks in Denver beginning on June 8, 2009 during which the applicants completed their initial presentation and the objectors began their presentations. An additional week of hearing scheduled for August 3 through 7, 2009 was vacated following a ruling from the Division 2 Water Court regarding Cherokee’s use of some of its wells, subject to further negotiations and amendment of the proposed replacement plan. This case was consolidated with change cases 08GW78 and 09GW15, and the trial was set to continue in January 2010 Status: In November of 2009, the Upper Black Squirrel Creek Ground Water Management District filed in District Court, in Case No. 98CW80 for a declaratory judgment asking the court to determine whether Cherokee is required to use its waste water as recharge for the basin or if that waste water can be claimed as replacement credit under a replacement plan. On June 17, 2013 the Court found that neither Cherokee nor Meridian is prohibited from claiming wastewater return credits for its replacement plan. Those orders were held to be final appealable orders on October 31, 2103. UBS filed a notice of appeal on December 18, 2013 on the issue of whether Cherokee can use basin recharge as replacement water under the 1999 Stipulation between the parties. Meridian filed a notice of appeal on December 27, 2013 on the procedural issue of whether the water court can hold up the replacement plan pending in front of the Commission pending resolution of the issues before the court. cherokee metropolitan district Case No. 08-GW-78 09-GW-15</w:t></w:r></w Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: Applications to change the type and place of use of wells. Objections were submitted by the District and other water users in the basin. Both cases were consolidated with 08GW71. Status: See above. edna farmer et al. Case No. 09-GW-02 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Subject: This case involves the determination of water right in the Laramie-Fox Hills aquifer. An objection was filed by Cherokee Metropolitan District. The applicant moved to consolidate this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and09GW03, another application for determination of water right (discussed below). This motion was denied by the hearing officer. Status: The hearing officer will set the matter for a hearing. daniel and theresa farmer et al. Case No. 09-GW-03 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Subject: This case involves the determination of water right in the Laramie-Fox Hills aquifer. An objection was filed by Cherokee Metropolitan District. The applicant moved to consolidate this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and 09GW02, another application for determination of water right (discussed above). This motion was denied by the hearing officer. Status: The hearing officer will set the matter for a hearing. meridian service metro district Case No. 09-GW-11 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: Application for a change of water right. Two parties filed objections. Status: The hearing set for February 25 and 26, 2010 has been stayed because the water rights to be changed were for use in the replacement plan in 08GW71. The matter is stayed pending</ resolution of the motion for declaratory judgment in 98CW80. Gallegos, Reinaldo, et al Case No. 03-GW-06 Designated Basin: Upper Crow Creek Management District: Before: District Court Attorney: Pat Kowaleski Subject: Petition to de-designate portions of the Upper Crow Creek Designated Ground Water Basin. Background: The petitioners originally sent letters to the State Engineer in 2002 and 2003 seeking curtailment of wells within the Basin. The State Engineer declined to curtail wells and the petitioners appealed the issue of the Commission’s jurisdiction over surface water rights first to District Court and eventually to the Supreme Court. The Supreme Court held that the Commission has jurisdiction over surface water rights only to the extent the holder of surface rights seeks to change a boundary of a designated basin, in which case the surface rights owner must show, using information that was not before the Commission at the time of designation, that pumping of the designated ground water has more than a de minimis effect on the surface rights and is causing injury to those rights. The matter was remanded to the Commission, and this petition to de-designation a portion of the designated basin was filed with the Commission on August 11, 2010. Status: The case is set for trial February 24, 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. The Court has held that under de novo review the applicant will be able to present a new case to the Judge, without relation to the testimony that may have been presented to the Commission. < 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. 2013 CV 031263 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: El Paso County District Court 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. The case is set for trial July 29 – August 8, 2014.< Front Range ResourcesCase No. 13-GW-5 Designated Basin: Lost CreekManagement District: Lost CreekAttorney: Jen Mele Subject: Front Range Resources filed for a change in place of use. Objections were filed by Equus Farms Inc. and Lost Creek Land and Cattle Company. Status: The matter is set for a status conference on April 16, 2014 before the hearing officer. Front Range ResourcesCase No. 13-GW-7 Designated Basin: Lost CreekManagement District: Lost CreekAttorney: Jen Mele Subject: Front Range Resources filed for a replacement plan. Objections were filed by Equus Farms Inc., Lost Creek Land and Cattle Company and the Lost Creek Ground Water Management District. Status: The matter is set for a 15 day trial starting February 23, 2015 before the hearing officer. 5 6 AG Report2014Feb.pdfATTORNEY GENERAL’S REPORT ATTORNEY GENERAL’S REPORT Cases involving the Colorado Ground Water Commission February 21, 2014 The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of February 7, 2014. CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-71 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer and District Court Attorney: Jen Mele Subject: An application for approval of a replacement plan to make new appropriations from the alluvial aquifer within the basin. Objections were submitted by the District, along with four other water users in the basin. A hearing was held for two weeks in Denver beginning on June 8, 2009 during which the applicants completed their initial presentation and the objectors began their presentations. An additional week of hearing scheduled for August 3 through 7, 2009 was vacated following a ruling from the Division 2 Water Court regarding Cherokee’s use of some of its wells, subject to further negotiations and amendment of the proposed replacement plan. This case was consolidated with change cases 08GW78 and 09GW15, and the trial was set to continue in January 2010 Status: In November of 2009, the Upper Black Squirrel Creek Ground Water Management District filed in District Court, in Case No. 98CW80 for a declaratory judgment asking the court to determine whether Cherokee is required to use its waste water as recharge for the basin or if that waste water can be claimed as replacement credit under a replacement plan. On June 17, 2013 the Court found that neither Cherokee nor Meridian is prohibited from claiming wastewater return credits for its replacement plan. Those orders were held to be final appealable orders on October 31, 2103. UBS filed a notice of appeal on December 18, 2013 on the issue of whether Cherokee can use basin recharge as replacement water under the 1999 Stipulation between the parties. Meridian filed a notice of appeal on December 27, 2013 on the procedural issue of whether the water court can hold up the replacement plan pending in front of the Commission pending resolution of the issues before the court. CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-78 09-GW-15 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer 2 Attorney: Jen Mele Subject: Applications to change the type and place of use of wells. Objections were submitted by the District and other water users in the basin. Both cases were consolidated with 08GW71. Status: See above. EDNA FARMER ET AL. Case No. 09-GW-02 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Subject: This case involves the determination of water right in the Laramie-Fox Hills aquifer. An objection was filed by Cherokee Metropolitan District. The applicant moved to consolidate this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and09GW03, another application for determination of water right (discussed below). This motion was denied by the hearing officer. Status: The hearing officer will set the matter for a hearing. DANIEL AND THERESA FARMER ET AL. Case No. 09-GW-03 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Subject: This case involves the determination of water right in the Laramie-Fox Hills aquifer. An objection was filed by Cherokee Metropolitan District. The applicant moved to consolidate this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and 09GW02, another application for determination of water right (discussed above). This motion was denied by the hearing officer. Status: The hearing officer will set the matter for a hearing. MERIDIAN SERVICE METRO DISTRICT Case No. 09-GW-11 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer 3 Attorney: Jen Mele Subject: Application for a change of water right. Two parties filed objections. Status: The hearing set for February 25 and 26, 2010 has been stayed because the water rights to be changed were for use in the replacement plan in 08GW71. The matter is stayed pending resolution of the motion for declaratory judgment in 98CW80. GALLEGOS, REINALDO, ET AL Case No. 03-GW-06 Designated Basin: Upper Crow Creek Management District: Before: District Court Attorney: Pat Kowaleski Subject: Petition to de-designate portions of the Upper Crow Creek Designated Ground Water Basin. Background: The petitioners originally sent letters to the State Engineer in 2002 and 2003 seeking curtailment of wells within the Basin. The State Engineer declined to curtail wells and the petitioners appealed the issue of the Commission’s jurisdiction over surface water rights first to District Court and eventually to the Supreme Court. The Supreme Court held that the Commission has jurisdiction over surface water rights only to the extent the holder of surface rights seeks to change a boundary of a designated basin, in which case the surface rights owner must show, using information that was not before the Commission at the time of designation, that pumping of the designated ground water has more than a de minimis effect on the surface rights and is causing injury to those rights. The matter was remanded to the Commission, and this petition to de-designation a portion of the designated basin was filed with the Commission on August 11, 2010. Status: The case is set for trial February 24, 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. The Court has held that under de novo review the applicant will be able to present a new case to the Judge, without relation to the testimony that may have been presented to the Commission. 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. 4 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. 2013 CV 031263 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: El Paso County District Court 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. The case is set for trial July 29 – August 8, 2014. Front Range Resources Case No. 13-GW-5 Designated Basin: Lost Creek Management District: Lost Creek Attorney: Jen Mele 5 Subject: Front Range Resources filed for a change in place of use. Objections were filed by Equus Farms Inc. and Lost Creek Land and Cattle Company. Status: The matter is set for a status conference on April 16, 2014 before the hearing officer. Front Range Resources Case No. 13-GW-7 Designated Basin: Lost Creek Management District: Lost Creek Attorney: Jen Mele Subject: Front Range Resources filed for a replacement plan. Objections were filed by Equus Farms Inc., Lost Creek Land and Cattle Company and the Lost Creek Ground Water Management District. Status: The matter is set for a 15 day trial starting February 23, 2015 before the hearing officer. Agenda2014Feb.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 21, 2014 1313 Sherman St., Room 813 Denver, CO 80203 A G E N D A Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of November 15, 2013 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports Hearing on the request of the State Board of Land Commissioners for an exception to Rule 5.5 to allow issuance of two conditional permits in the Southern High Plains with a duty of water less than 3-1/2 acre-feet per acre Presentation on the Chatfield Reservoir re-allocation effort, by Tom Browning of the CWCB Presentation on the WISE (Water Infrastructure and Supply Efficiency) project that would serve the south metro area, by Eric Hecox of South Metro Water Supply Authority, and Denver & Aurora 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 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 Tracy Doran Upper Big Sandy GWMD by Tracy Doran 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 Public Comments Executive Session (if needed) Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION February 21, 2014 Agenda2014Feb.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of November 15, 2013 4. Report of the Executive Director by State Engineer Dick Wolfe 5. Commissioners’ Reports 6. Hearing on the request of the State Board of Land Commissioners for an exception to Rule 5.5 to allow issuance of two conditional permits in the Southern High Plains with a duty of water less than 3-1/2 acre-feet per acre 7. Presentation on the Chatfield Reservoir re-allocation effort, by Tom Browning of the CWCB 8. Presentation on the WISE (Water Infrastructure and Supply Efficiency) project that would serve the south metro area, by Eric Hecox of South Metro Water Supply Authority, and Denver & Aurora 9. Staff Report by Keith Vander Horst 10. 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 if the Board has questions about the litigation. 11. 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 Tracy Doran h. Upper Big Sandy GWMD by Tracy Doran 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 12. Old Business 13. New Business NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 21, 2014 1313 Sherman St., Room 813 Denver, CO 80203 A G E N D A NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION February 21, 2014 A G E N D A (page 2, cont.) 14. Public Comments 15. Executive Session (if needed) 16. Adjournment Agenda2014Feb_Amended.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 21, 2014 1313 Sherman St., Room 813 Denver, CO 80203 A G E N D A - Amended Determine quorum Election of Vice-chair Review and approval of agenda items Approval of Minutes for Meeting of November 15, 2013 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports Hearing on the request of the State Board of Land Commissioners for an exception to Rule 5.5 to allow issuance of two conditional permits in the Southern High Plains with a duty of water less than 3-1/2 acre-feet per acre Presentation on the Chatfield Reservoir re-allocation effort, by Tom Browning of the CWCB Presentation on the WISE (Water Infrastructure and Supply Efficiency) project that would serve the south metro area, by Eric Hecox of South Metro Water Supply Authority, and Denver & Aurora 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 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 Tracy Doran Upper Big Sandy GWMD by Tracy Doran Lost Creek by GWMD by Thomas Sauter Upper Crow Creek Basin by Scott Tietmeyer Republican River Water Conservation District by Deb Daniel Old Business Information on scope of de novo review of Commission’s decisions, by Pat Kowaleski New Business Public Comments Executive Session (if needed) Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION February 21, 2014 Agenda2014Feb_Amended.pdfNOTICE OF GENERAL MEETING OF THE 1. Determine quorum 2. Election of Vice-chair 3. Review and approval of agenda items 4. Approval of Minutes for Meeting of November 15, 2013 5. Report of the Executive Director by State Engineer Dick Wolfe 6. Commissioners’ Reports 7. Hearing on the request of the State Board of Land Commissioners for an exception to Rule 5.5 to allow issuance of two conditional permits in the Southern High Plains with a duty of water less than 3-1/2 acre-feet per acre 8. Presentation on the Chatfield Reservoir re-allocation effort, by Tom Browning of the CWCB 9. Presentation on the WISE (Water Infrastructure and Supply Efficiency) project that would serve the south metro area, by Eric Hecox of South Metro Water Supply Authority, and Denver & Aurora 10. Staff Report by Keith Vander Horst 11. 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 if the Board has questions about the litigation. 12. 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 Tracy Doran h. Upper Big Sandy GWMD by Tracy Doran 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 13. Old Business a. Information on scope of de novo review of Commission’s decisions, by Pat Kowaleski NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 21, 2014 1313 Sherman St., Room 813 Denver, CO 80203 A G E N D A - Amended NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION February 21, 2014 A G E N D A - Amended (page 2, cont.) 14. New Business 15. Public Comments 16. Executive Session (if needed) 17. Adjournment Agenda2014Feb_Draft.docxNOTICE OF GENERAL MEETING OF THE NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, February 21, 2014 1313 Sherman St., Room 813 Denver, CO 80203 A G E N D A Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of November 15, 2013 Report of the Executive Director by State Engineer Dick Wolfe Commissioners’ Reports [IF PRESENTORS ARE AVAILABLE] Presentation on either the south metro area WISE (Water infrastructure and Supply Efficiency) project, or the Chatfield Reservoir re-allocation effort Hearing on the request of the State Board of Land Commissioners for an exception to Rule 5.5 to allow issuance of two conditional permits in the Southern High Plains with a duty of water less than 3-1/2 acre-feet per acre 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