<br />Agenda2011February.doc
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<br />Determine quorum
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<br />Review and approval of agenda items
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<br />Approval of Minutes for Meeting of November 19, 2010
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<br />Report of the Executive Director by State Engineer Dick Wolfe
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<br />Staff Report by Keith Vander Horst.
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<br />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
<br /> to Agenda Item No. 12 for discussion in Executive Session if the Board has questions about the litigation.
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<br />Presentation on the water level measurement program in Designated Basins by Michael Schaubs
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<br />District Reports:
<br /> Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap
<br /> W-Y GWMD by Jack Dowell
<br /> Arikaree GWMD by Rod Mason
<br /> Plains and East Cheyenne GWMDs by Deb Daniel
<br /> Southern High Plains GWMD by Max Smith
<br /> North KiowaBijou GWMD by Robert Loose
<br /> Upper Black Squirrel GWMD by Dave Doran
<br /> Upper Big Sandy GWMD by Dave Taussig
<br /> Lost Creek by GWMD by Thomas Sauter
<br /> Republican River Water Conservation District by Stan Murphy
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<br />Old Business
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<br />New Business
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<br />Public Comments
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<br />Executive Session (if needed)
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<br /> Adjournment
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<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />May 19, 2006
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<br />A G E N D A (cont.)
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<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
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<br />10:00 a.m., Friday, February 18, 2011
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<br />1313 Sherman St., Room 318
<br />Denver, CO 80203
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<br />A G E N D A
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<br />Agenda2011February.pdf
<br />AGReport2011-2-18.DOCX ATTORNEY GENERAL’S REPORT
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<br />ATTORNEY GENERAL’S REPORT
<br />Cases involving the Colorado Ground Water Commission
<br />February 18, 2011
<br />The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of February 4, 2011.
<br />cherokee Metropolitan district v. Ground Water commission and Colorado springs east airport
<br />Case No. 09CV4325
<br />Designated Basin: Upper Black Squirrel
<br />Management District: Upper Black Squirrel
<br />Before: El Paso County District Court, Judge Larry E. Schwartz
<br />Attorney: Pat Kowaleski
<br />Subject: In 2007 the Airport published an application seeking to change Well Permit 6055-FP (the Williams Well No. 2), and Cherokee filed a statement of opposition. After a one day
<br /> hearing, the Commission’s Hearing Officer granted a change, and assigned 65.9 a.f. of historic consumptive use to the well. Cherokee appealed the decision to the Commission, which affirmed
<br /> the findings by Order of June 1, 2009. Cherokee subsequently appealed the Commission’s decision to the District Court on June 30, 2009, claiming that the findings with regard to historical
<br /> consumptive use were not arrived at properly. A two and a half day trial was set to commence on February 1, 2011. Cherokee has subsequently obtained new counsel, and attempts have been
<br /> made to settle the case.
<br />Status: The trial date has been vacated, and there are no proceedings currently pending before the Court.
<br />cherokee metropolitan district
<br />Case No. 08-GW-71
<br />Designated Basin: Upper Black Squirrel Creek
<br />Management District: Upper Black Squirrel Creek
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />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
<br /> 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
<br /> 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
<br /> use of some of its wells, subject to further negotiations and amendment of the proposed replacement plan.
<br />Status: This case was consolidated with change cases 08GW78 and 09GW15, and the trial was set to continue in January 2010. In November of 2009, the Upper Black Squirrel Creek Ground
<br /> 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
<br /> recharge for the basin or if that waste water can be claimed as replacement credit under a replacement plan. The District also filed for a preliminary injunction to prevent Cherokee
<br /> from claiming waste water returns in the Basin as augmentation credit in the replacement plan in 08GW71 until the motion for declaratory judgment is resolved. The preliminary injunction
<br /> was granted, and Cherokee filed a motion to dismiss for lack of jurisdiction which was denied. The District Court has not yet ruled on whether Cherokee may use the waste water as a
<br /> replacement supply. Meridian moved to intervene but that motion was denied.</
<br />cherokee metropolitan district
<br />Case No. 08-GW-78 09-GW-15</w:t></w:r></w
<br />Designated Basin: Upper Black Squirrel Creek
<br />Management District: Upper Black Squirrel Creek
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />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
<br /> 08GW71.
<br />Status: See above.
<br />edna farmer et al.
<br />Case No. 09-GW-02
<br />Designated Basin: Upper Black Squirrel Creek
<br />Management District: Upper Black Squirrel Creek
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney:
<br />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
<br /> this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and09GW03, another application for determination of water right (discussed
<br /> below). This motion was denied by the hearing officer.
<br />Status: The hearing officer will set the matter for a hearing.
<br />daniel and theresa farmer et al.
<br />Case No. 09-GW-03
<br />Designated Basin: Upper Black Squirrel Creek
<br />Management District: Upper Black Squirrel Creek
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney:
<br />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
<br /> 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
<br /> above). This motion was denied by the hearing officer.
<br />Status: The hearing officer will set the matter for a hearing.
<br />meridian service metro district
<br />Case No. 09-GW-11
<br />Designated Basin: Upper Black Squirrel
<br />Management District: Upper Black Squirrel
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: Application for a change of water right. Two parties filed objections.
<br />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</
<br /> resolution of the motion for declaratory judgment in 98CW80.
<br />Northern colorado water association
<br />Case No. 09-GW-14
<br />Proposed Designated Basin: Upper Spring Creek
<br />Management District:
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Scott Steinbrecher
<br />Subject: Petition to form new designated basin filed by the owners of several wells located just west of I-25 and south of the Colorado-Wyoming border. Fort Collins has objected to
<br /> the petition largely due to the fact that they own the majority of the land within the proposed designated basin.
<br />
<br />Status: Due to a joint motion by the petitioner and objector Fort Collins the hearing in front of the Hearing Officer in this matter that had been scheduled for January 4-11, 2011
<br /> has been vacated. Parties will convene in March 2011 to re-schedule for hearing.
<br />DEAN GOSS
<br />Case No. 10-GW-04
<br />Designated Basin: Upper Black Squirrel
<br />Management District: Upper Black Squirrel
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: Application to change the type and place of use of four wells. Objections have been filed by the Upper Black Squirrel Creek Ground Water Management District and Wayne and
<br /> Francis Booker.
<br />Status: A hearing has been scheduled for October 5, 2011 in front of the Hearing Officer.
<br />Town of akron
<br />Case No. 10-GW-05
<br />Designated Basin: Camp Creek
<br />Management District:
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: An application for a new appropriation has been filed by the Town of Akron. Kenneth Wahl and Steven Diamond have filed a protest to the issuance of the conditional permit.
<br />Status: A prehearing conference has been set for March 2, 2011 and prehearing statements are due February 18, 2011. Parties should be able to determine by the March 2, 2011 prehearing
<br /> conference if a hearing is necessary.
<br />Town of akron
<br />Case No. 11-GW-01
<br />Designated Basin: Camp Creek
<br />Management District:
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: A final permit was published for issuance to the Town of Akron. Kenneth Wahl has filed a protest to the issuance of the final permit.
<br />Status: A prehearing setting conference has been scheduled for February 9, 2011
<br />Gallegos, Reinaldo, et al
<br />Case No. 03-GW-06
<br />Designated Basin: Upper Crow Creek
<br />Management District:
<br />Before: Jody Grantham, Hearing Officer
<br />Attorney: Jen Mele
<br />Subject: Petition to dedesignate portions of the Upper Crow Creek Designated Ground Water Basin.
<br />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
<br /> 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
<br /> 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
<br /> rights owner must show 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
<br /> to the Commission. This application was filed with the Commission on August 11, 2010.
<br />Status: A hearing has been set for November 28 – December 9, 2011. </
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<br />AGReport2011218.pdf
<br />Enforcement Items and Actions Feb Meeting.docx
<br />Enforcement Items and Actions
<br />NORTHERN HIGH PLAINS
<br />Arikaree GWMD
<br />Staff investigated a complaint alleging that two irrigation wells, owned by Terry Crites, were being used to irrigate illegally expanded acres. A show cause letter was sent to Mr. Crites
<br /> and he has since applied to expand the irrigated acres allowed under the well permits.
<br />Dean Wieser was identified as using an irrigation well to irrigate illegally expanded acres. A show cause letter was sent to Mr. Wieser and he has since applied to expand the irrigated
<br /> acres allowed under his well permit.
<br />Grant Wieser was identified as using an irrigation well to irrigate illegally expanded acres. A show cause letter was sent to Mr. Wieser and he has since applied to expand the irrigated
<br /> acres allowed under his well permit.
<br />Staff continues to work with Mr. Robert Boyd to address a violation involving rotation of acres.
<br />UPPER BLACK SQUIRREL CREEK
<br />Upper Black Squirrel Creek GWMD
<br />It was reported that Jeffery Brachfield had been using his small capacity commercial well for unpermitted purposes, specifically use in eight single family dwellings. A field inspection
<br /> was performed to determine the accuracy of this claim, at which time the violation was verified. Mr. Brachfield has since been contacted by our office, and we are working with him
<br /> to ensure well permit compliance.
<br />At the request of the District, staff sent a letter to Color Star Growers requesting that they submit totalizing flow meter records for seven wells used in their operation. Because
<br /> of numerous complaints from the public, Staff is also attempting to arrange a field inspection of their operation to ensure that the wells are being used in compliance with their well
<br /> permits. We are awaiting their response.
<br />KIOWA BIJOU
<br />It was reported that William Thomas was using an irrigation well with a cancelled well permit. A field inspection was performed, and it was determined that well has been abandoned and
<br /> it is not in use. The enforcement action has been closed.
<br />It was reported that Nancy Herter and Richard Huffsmith have been using a commercial well for irrigation purposes without a permit. A show cause letter was sent to the Huffsmith’s to
<br /> which they promptly replied, and we are now working with them to correct the violation. </w <
<br />HOReport2011-2-18..pdf
<br />HOReport2011-2-18.docx
<br />HEARING OFFICER'S REPORT
<br />Colorado Ground Water Commission
<br />February 18, 2011 Meeting
<br />The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water Commission as February 18, 2011.
<br /> Box Elder Creek Designated GW BasinCase number:06-GW-23
<br /> Designated Basin: Box Elder CreekDate of request: 03-Mar-06
<br />Subject: <Petition to Creation of the Box Elder Creek Designated Ground Water Basin.
<br />Status:Hearing held for nine days held in January 2007. Commission upheld decision of Hearing Officer. Decision appealed to the District Court. Case pending before District Court
<br /> <
<br /> Cherokee Metro & Meridian Svc Dist. Case number:08-GW-71
<br /> Designated Basin: Upper Black SquirrelDate of request: 15-Oct-08
<br />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.
<br />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
<br /> presently stayed pending outcome of district court declaratory judgment proceedings on stipulation interpretation.
<br />Cherokee Metro & Meridian Svc Dist. Case number:09-GW-15
<br />Designated Basin: <Upper Black SquirrelDate of request:
<br />Subject:Objection to an application to change the type and place of use
<br />Status:See 08GW71 above. Case is presently stayed pending outcome of district court declaratory judgment proceedings
<br /> Cherokee Metropolitan District Case number:08-GW-78
<br /> Designated Basin: <Upper Black SquirrelDate of request: 29-Dec-08
<br />Subject:Objection to an application to change the type and place of use of Well Permit No.
<br />49988-F.
<br />Status:See Case No. 08GW71 above. Case stayed pending resolution of declaratory judgment action in water court.
<br />Farmer, Edna ICase number:09-GW-02
<br /> Designated Basin: Upper Black Squirrel<Date of request: 12-Mar-09
<br />Subject:Objection to an application for Determination of Water Right
<br />Status:Stayed pending outcome of Cherokee replacement plan case, Case No. 08GW71.
<br />
<br /> Farmer, Daniel & TeresaCase number:09-GW-03
<br /> Designated Basin: Upper Black Squirrel<Date of request: 12-Mar-09
<br />Subject:Objection to an application for Determination for Water Right
<br />Status:Stayed pending outcome of Cherokee replacement plan case, Case No. 08GW71.
<br /> Gallegos, Reinaldo etcCase number:03-GW-06
<br /> Designated Basin: Upper Crow CreekDate of request: 30-Apr-03
<br />Subject:Petition to de-designate portions of the Upper Crow Ck Designated Basin
<br /> Status:Hearing set November 28 thru December 9, 2011. Hearing will be held in Grover, Colorado at the Pawnee School. Pretrial schedule for disclosure and various other matters also
<br /> included in setting.
<br />Goss, DeanCase number:10-GW-04
<br /> Designated Basin: Upper Black SquirrelDate of request: 17-Dec-10
<br />Subject:Objection to application to change the type and place of use
<br /> Status:Hearing scheduled for October 5 through 7, 2011.
<br />Kroskob & Urich, Case number:07-GW-19
<br /> Designated Basin: <Kiowa-BijouDate of request: 03-Aug-07
<br />Subject:Two Petitions to amend the boundaries of the Kiowa-Bijou Designated Ground Water Basin.
<br />Status:Commission upheld Hearing Officer’s decision and it is presently on appeal to the District Court.
<br />Meridian Service Metropolitan Dist., Case number:09-GW-11
<br /> Designated Basin: <Upper Black SquirrelDate of request: 15-Jun-09
<br />Subject:Objection concerning an application to change a determination of water right
<br />Status:Stayed pending outcome of Case No. 08GW71 (Cherokee replacement case).
<br />Morley Howard Investments LLC, Case number:07-GW-02
<br />Designated Basin: <Upper Black SquirrelDate of request: 01-Mar-07
<br /> Subject:Objection to three change of Determination of Water Right Applications (Receipt Nos.
<br />3610361 A - C).
<br /> Status:Pending Management District’s export hearing.
<br />Springs East Airport, Inc., Case number:07-GW-69
<br />Designated Basin: <Upper Black SquirrelDate of request: 10-Dec-07
<br />Subject:Objection to application for a change of water rights for well with Permit No. 6055-FP.
<br />Status:Hearing Officer’s decision appealed to Commission and the Commission upheld the Hearing Officer’s decision. On appeal to District Court.
<br /> Town of Akron, Case number:10-GW-05
<br /> Designated Basin: Camp CreekDate of request: 20-Dec-10
<br />Subject:Objection to an application for new appropriation through an existing well for municipal
<br />use in the Camp Creek Designated Ground Water Basin
<br />Status:Prehearing Conference scheduled for March 3, 2011 at 10 a.m.
<br />Town of Akron, Case number:11-GW-01
<br /> Designated Basin: Camp CreekDate of request: 11-Jan-11
<br />Subject:Objection to the issuance of a Final Permit for Conditional Permit No. 66117-F
<br /> Status:Acknowledgement and Notice to set mailed January 26, 2011. Setting conference
<br />scheduled for February 9, 2011 at 10 a.m.
<br /> Upper Spring Creek Basin Case number:09-GW-14
<br /> Designated Basin:Date of request: 15-Jun-09
<br />Subject:Petition to create new designated ground water basin
<br />Status:On December 15, 2010, the Petitioner filed a joint motion to vacate the setting
<br />conference scheduled for January 4, 2011. The mat<ter will be re-set on March 15, 2011.
<br />Woodmen Hills Metro Dist, Case number: 03-GW-20
<br /> Designated Basin: Upper Black SquirrelDate of request: 30-Oct-03
<br />Subject:Objection to (3) three applications to appropriate designated ground water from the
<br />alluvial aquifer of Black Squirrel Creek, or its tributaries and an application for a
<br />replacement plan to prevent injury to water rights of other appropriators and allow the
<br />proposed appropriation from the alluvial aquifer. Receipt No 501564-A, B, and C.
<br />Status:Awaiting republication and information from the Applicant.
<br />Respectfully submitted
<br />______________________________
<br />Joseph (Jody) Grantham, Hearing Officer
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<br />Minutes-2010 - 11.docx MINUTES
<br />
<br />MINUTES
<br />FOURTH QUARTERLY MEETING
<br />COLORADO GROUND WATER COMMISSION
<br />NOVEMBER 19, 2010
<br />The Fourth Quarterly Meeting of the Colorado Ground Water Commission took place on November 19, 2010, at Castle Rock Town Hall, 100 N Wilcox, Castle Rock, Colorado. Chairman Dennis
<br /> Coryell called the meeting to order at 10:00 a.m. Mr. Rick Nielsen called the roll and determined that a quorum was present. Commission members present were Grant Bledsoe, Carolyn
<br /> Burr, Larry Clever, Dennis Coryell, Earnest Mikita, Max Smith, Virgil Valdez, Mike King, Mike Sullivan and Suzanne Sellers. Staff members present were Kevin Rein, Keith Vander Horst,
<br /> Rick Nielsen, Chris Grimes, Jay Bloomfield, Ivan Franco, David Keeler and Tracy Kosloff. Also present were Jody Grantham, Hearing Officer, Pat Kowaleski, A.G. for the Commission and
<br /> Jennifer Mele, A.G. for staff.
<br />Review and Approval of Agenda Items – the agenda was approved as proposed.
<br />Approval of Minutes for Meeting of August 20, 2010 Chairman Coryell asked if there were any corrections or additions to the minutes. <There were none.
<br />Commissioner Smith moved to approve the minutes.
<br />Commissioner Burr seconded the motion which carried unanimously.
<br />Report of the Executive Director by Mike Sullivan
<br />Mr. Sullivan reported that transition teams for the new governor are active planning the first hundred days and preparing to interview candidates for cabinet level positions.
<br />Mr. Sullivan then brought the Commission up to-date on the Republican River negotiations. He noted that though the arbiter determined that the pipeline proposal and model are appropriate
<br /> he also determined that Kansas was not being unreasonable in their position. Consequently, Colorado has reached an agreement with Nebraska but remains in negotiation with Kansas over
<br /> the accounting procedures.
<br />There were no questions for Mr. Sullivan.
<br />Chairman Coryell called for agenda item no. 5, being a Hearing on a petition by Lost Creek Land & Cattle Company, Equus Farms Inc., and Lost Creek Ground Water Management District to
<br /> amend Rule 5.2.5.2 of the Rules and Regulations for the Management and Control of Designated Ground Water to make overappropriated that portion of the alluvial aquifer of the Lost Creek
<br /> Designated Ground Water Basin located north of the line between Township 2 North and Township 3 North and west of the line between Range 61 West and Range 62 West, and to require replacement
<br /> plans for new large capacity wells therein.
<br />Mr. Mike Shimmin, representing Lost Creek Land and Cattle Company, addressed the Commission. <He began by providing a history of the petition and the primary land holdings in this area
<br /> of the basin. Mr. Shimmin proceeded to describe events surrounding the fact finding hearing held in September, noting that the objectors to the petition decided not to participate
<br /> in the hearing. In his discussion surrounding the <findings of fact, he noticed that the northern part of the Lost Creek main stem has a depletion factor of 79% in 100 years. This
<br /> is twice the factor allowed for the Northern High Plains and also twice that of the Hay Gulch portion of Lost Creek that was determined over appropriated just this year. Mr. Shimmin
<br /> closed his presentation by asking the Commission to adopt the findings of fact, the basis and purpose and the proposed rule change. <The questions of the Commission centered on the
<br /> status of pending well permit applications in the area and if the rule change, if adopted, would apply. Mr. Shimmin stated that in his opinion the amended rule would apply to all pending
<br /> applications.
<br />Mr. Mike Browning, representing Eqqus Farms, next addressed the Commission. He provided a short background on his client prior to seconding the comments of Mr. Shimmin. In closing,
<br /> Mr. Browning asked the Commission to protect the resource for future generations.
<br />Mr. Andy Jones, representing the Lost Creek Ground Water Management District advised the Commission that the District supports the petition.
<br />Mr. Jeff Kahn, representing Morgan County Quality Water District, advised the Commission that his client supports the petition.
<br />Ms. Jen Mele, representing staff, advised the Commission that staff supports the rule change.
<br />There were no public comments and the hearing was closed.
<br />Commissioner Clever moved to adopt the findings of the Hearing Officer, adopt the statement and purpose of the Hearing Officer and amend Rule 5.2.5.2 of the Rules and Regulations for
<br /> the Management and Control of Designated Ground Water to make overappropriated that portion of the alluvial aquifer of the Lost Creek Designated Ground Water Basin located north of
<br /> the line between Township 2 North and Township 3 North and west of the line between Range 61 West and 62 West, and to require replacement plans for new large capacity wells therein.
<br />Commissioner Makita seconded the motion which passed unanimously.
<br />Chairman Coryell called for agenda item no. 6, the staff activity report.
<br />Mr. Keith Vander Horst reviewed the staff activity report as submitted. He pointed out that with the additional staff, final permit activity has increased and good progress is being
<br /> made. Mr. Vander Horst noticed that the case load before the Hearing Officer and the Commission has been rather static. He then addressed permit and enforcement activity before updating
<br /> the Commission on the status of the fact finding hearing regarding the proposed Spring Creek Designated Basin.<
<br />There were no questions of Mr. Vander Horst.
<br />Mr. Vander Horst concluded his report with a power point presentation on the Denver Basin aquifer system and how staff evaluates applications within the Denver Basin.
<br />Chairman Coryell called for agenda item no. 7, the report of the Attorney General’s Office.
<br />Ms. Jennifer Mele reporting for the Attorney General’s Office referred the Commission to her written report, noting that she has been working on the Lost Creek petition, the Cherokee
<br /> matters and the Gallegos case in Crow Creek. There were no questions of Ms. Mele.<
<br />Chairman Coryell called for agenda item no. 8, the Management District Reports.
<br />Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that his districts have received no rain for 3 months, causing some sprinklers
<br /> to run until the last two weeks. He noted that the dry weather has allowed for an easier harvest than last year and most of the crops are out. <Mr. Midcap said that he is pleased
<br /> with the new website. He informed the Commission that he has completed 602 chemigation system inspections with only 18 failures, all but 3 of which have been repaired. Mr. Midcap
<br /> stated that his district boards continue to discuss conservation measures and that uncertainty over the Republican River settlement continues to bother the boards. He concluded his
<br /> report questioning the status of the static water level measurement contracts.
<br />Mr. Jack Dowel, reporting for the W-Y GWMD reported that his chemigation system inspections of 126 well are complete and that there was only 1 failure due to a malfunctioning back flow
<br /> valve. He said that it has been hot and dry since the end of July. Mr. Dowel said that moisture is needed for the newly planted wheat. He stated that the South Fork phreatophyte
<br /> eradication program is on hold while funding is located. They hope to start it up again in January. Mr. Dowel reported that CSU and the Appalachian State University are conducting
<br /> a water and vegetation study on the South Fork regarding the Russian Olive, Salt Cedar and Cattail.
<br />Mr. Rod Mason, reporting for the Arikaree GWMD said that his area has received sporadic rain this year. He reported that the board would like to see Bonny Reservoir drained and removed
<br /> from the Republican River Compact.
<br />Ms. Deb Daniel reporting for the Plains and East Cheyenne GWMD’s, reported that her districts have had little moisture since the first of August and that everything is brown. She said
<br /> that the dry land wheat is hurting. Ms. Daniel reported that her districts had an early harvest that was a record setter with good prices. She stated that a lot of wells are still
<br /> running to help with the fall fertilizer application. She issued 23 repair orders on 240 chemigation systems. Mrs. Daniel reported that farmers in the East Cheyenne district have
<br /> been installing totalizing flow meters. She concluded her report by addressing the conservation advantages of aqua view technology.
<br />Mr. Max Smith, reporting for the Southern High Plains GWMD stated that though most of the dry land corn burned up his area had an above average harvest. He reported that the grain crops,
<br /> especially the milo were abundant.
<br />Mr. Robert Loose, reporting for the North Kiowa Bijou GWMD reported that crop yields were down 20% due to the lack of moisture. He thanked Mr. Grimes for his enforcement efforts in
<br /> the basin and concluded his report saying that most of the Districts work is now related to domestic wells.
<br />There was no report for the Upper Black Squirrel GWMD.
<br />Mr. Dave Tausig reporting for the Upper Big Sandy GWMD, reported that their lack of moisture has affected the cattle ranchers and kept them from weaning the calves. He advised the Commission
<br /> that a rough draft of the new District rules has been forwarded to staff for comments.
<br />
<br />Mr. Tom Sauter reporting for the Lost Creek GWMD, thanked the Commission for their action on the rule amendment. He said that his district, like all others has been dry.
<br />Mr. Stan Murphy reporting for the Republican River Water Conservation District reported that the district had acquired two more surface water rights and continues to look for more.
<br /> He noted that the board needs to decide soon if it will begin construction of the pipeline prior to any agreement on the proposal because the funding may be lost. Mr. Murphy discussed
<br />
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