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<br />2009FebMinutes.pdf <br /> <br />Agenda2009May.doc <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Determine quorum <br /> <br />Review and approval of agenda items <br /> <br />Approval of Minutes for Meeting of February 20, 2009 <br /> <br />Report of the Executive Director by State Engineer Dick Wolfe <br /> <br />Hearing on Proposal by the Southern High Plains Ground Water Management District to amend Rule 5.2.3 to allow the aquifers in the Southern High Plains Designated Basin to be administered <br /> as a single geohydraulic system. <br /> <br />Hearing on Cherokee Metropolitan District’s appeal of the Initial Decision of the Hearing Officer regarding Springs East Airport Inc.’s application for a change of water right (change <br /> of type of use) of well permit no. 6055-F (Case No. 07-GW-69) <br /> <br />Petition by the Morgan County Quality Water District that the Commission initiate the process to amend Rule 5.2.5.2 so as to determine that the Hay Gulch drainage within the Lost Creek <br /> Designated Ground Water Basin is overappropriated <br /> <br />Presentation of Colorado Geological Survey’s final report of the Upper Black Squirrel Creek Basin Aquifer Recharge and Storage Evaluation, by Ralf Topper <br /> <br />Staff Report by Keith Vander Horst <br /> <br />Report of the Attorney General by Devin Odell. 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. 17 for discussion in Executive Session if the Board has questions about the litigation. <br /> <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 Roger Brenner <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 Tracy 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 <br /> <br />Old Business <br /> <br />New Business <br /> <br />Public Comments <br /> <br />Executive Session (if needed) <br /> <br /> Adjournment <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />NOTICE OF GENERAL MEETING OF THE <br />COLORADO GROUND WATER COMMISSION <br />May 15, 2009 <br /> <br />A G E N D A (cont.) <br /> <br /> <br /> <br /> <br /> <br />NOTICE OF GENERAL MEETING OF THE <br />COLORADO GROUND WATER COMMISSION <br /> <br />10:00 a.m., Friday, May 15, 2009 <br /> <br />Town of Parker Council Chambers <br />20120 E. Main Street <br />Parker, CO 80138 <br /> <br />A G E N D A <br /> <br /> <br /> <br /> <br /> <br /> <br />Agenda2009May.pdfMicrosoft Word - Agenda2009May.doc <br /> 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of February 20, 2009 4. Report of the Executive Director by State Engineer <br /> Dick Wolfe 5. Hearing on Proposal by the Southern High Plains Ground Water Management District to amend Rule 5.2.3 to allow the aquifers in the Southern High Plains Designated Basin <br /> to be administered as a single geohydraulic system. 6. Hearing on Cherokee Metropolitan District’s appeal of the Initial Decision of the Hearing Officer regarding Springs East Airport <br /> Inc.’s application for a change of water right (change of type of use) of well permit no. 6055-F (Case No. 07-GW-69) 7. Petition by the Morgan County Quality Water District that the <br /> Commission initiate the process to amend Rule 5.2.5.2 so as to determine that the Hay Gulch drainage within the Lost Creek Designated Ground Water Basin is overappropriated 8. Presentation <br /> of Colorado Geological Survey’s final report of the Upper Black Squirrel Creek Basin Aquifer Recharge and Storage Evaluation, by Ralf Topper 9. Staff Report by Keith Vander Horst <br /> 10. Report of the Attorney General by Devin Odell. This is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this <br /> topic to Agenda Item No. 17 for discussion in Executive Session if the Board has questions about the litigation. 11. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central <br /> Yuma GWMDs by Nate Midcap b. W-Y GWMD by Jack Dowell c. Arikaree GWMD by Roger Brenner d. Plains and East Cheyenne GWMDs by Deb Daniel e. Southern High Plains GWMD by Max Smith f. North <br /> Kiowa-Bijou GWMD by Robert Loose g. Upper Black Squirrel GWMD by Tracy Doran h. Upper Big Sandy GWMD by Dave Taussig i. Lost Creek by GWMD by Thomas Sauter j. Republican River Water <br /> Conservation District by Stan Murphy NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, May 15, 2009 Town of Parker Council Chambers 20120 E. Main <br /> Street Parker, CO 80138 A G E N D A NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION May 15, 2009 A G E N D A (cont.) 12. Old Business 13. New Business 14. <br /> Public Comments 15. Executive Session (if needed) 16. Adjournment <br />AG-Report2009-5-15..pdfMicrosoft Word - AG-Report2009-5-15.docx <br /> ATTORNEY GENERAL’S REPORT Cases involving the Colorado Ground Water Commission May 15, 2009 The listing below summarizes matters in which the Office of the Attorney General represents <br /> the Colorado Ground Water Commission as of May 4, 2009. PETITIONS TO AMEND BOUNDARIES OF BASIN—KROSKOB AND UHRICK Case No. 09CV61 Designated Basin: Kiowa-Bijou Management District: <br /> North Kiowa-Bijou Before: Morgan County District Court, Judge C. Vincent Phelps Attorney: Pat Kowaleski Subject: This matter involves two petitions to expand the boundaries of <br /> the Kiowa-Bijou Designated Ground Water Basin to include two square-mile parcels on the northeastern edge of the basin, one contiguous with the existing basin and the other not contiguous. <br /> Staff published the petitions pursuant to direction from the Commission and received two objections, one from the North Kiowa-Bijou Ground Water Management District and one joint objection <br /> from the Bijou Irrigation Co. and Bijou Irrigation District. Following a hearing on August 4-7, 2008, the hearing officer issued an order denying the petitions, ruling that the petitioners <br /> did not meet their burden of proof. The Commission affirmed this initial decision at the February meeting. Status: Petitioners have appealed the Commission’s decision, and the matter <br /> will be heard “de novo” by the District Court. APPEAL OF RULES ADOPTED BY THE UPPER BLACK SQUIRREL CREEK GROUND WATER MANAGEMENT DISTRICT Case No. 09CA131 Designated Basin: Upper <br /> Black Squirrel Management District: Upper Black Squirrel Before: Colorado Court of Appeals Attorney: Pat Kowaleski Subject: Cherokee, Meridian Ranch, Meridian Service, Paint <br /> Brush Hills and Woodmen Hills Metropolitan Districts filed an appeal to the adoption of Rule Nos. 3, 17, 18, and 19 by the Upper Black Squirrel Creek Ground Water Management District. <br /> The Upper Black Squirrel Creek District issued rules limiting withdrawals from large capacity wells, and, pursuant to statute, the Commission was required to approve the rules. On <br /> October 29, 2004, Cherokee et al filed an appeal with the District Court in El Paso County. The Commission filed a Motion to Dismiss the District Court action on the grounds that the <br /> Commission had not yet completed its review, and the matter was therefore not ripe for an appeal to District Court. The District Court 2 put the matter on hold until the Hearing Officer <br /> and the Commission acted on the remand to the Hearing Officer. Status: On December 12, 2008, the El Paso County District Court upheld the Commission’s approval of the Management District <br /> Rules. On January 20, 2009, the District Court’s decision was appealed to the Court of Appeals by the parties who had objected to the rules. The record will be filed in the Court of <br /> Appeals, and briefing will begin. The Appellants sought to have the matter heard by the Supreme Court, prior to review by the Court of Appeals, but their request was denied by the Supreme <br /> Court. MOSER V. GROUND WATER COMMISSION Case No. 07-CV-487 Designated Basin: Proposed Box Elder Creek Management District: Before: Hon. Roger Klein, Weld County District Court <br /> Attorney: Pat Kowaleski Subject: The Commission denied the request of John Moser, et al, to create the Box Elder Creek Designated Basin, and Moser appealed the Commission’s decision <br /> to District Court. Pursuant to statute, the matter will be tried de novo by the Court. The Court ordered the setting of the trial to be stayed so as to allow the parties to brief the <br /> disputed legal issues, including the preclusive effect of the court’s final decree (to be issued this spring) in Central Colorado Water Conservancy District’s Well Augmentation Subdistrict <br /> case, which included findings by the court regarding the Box Elder Creek drainage. On July 31, Moser filed a 45 page Motion For Determination of Questions of Law. Status: The Commission <br /> has responded to the Motion and the issues should be ruled upon by the Court soon. CHEROKEE METROPOLITAN DISTRICT Case No. 05-GW-15, 16, 17 Designated Basin: Upper Black Squirrel <br /> Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Devin Odell Subject: These cases involve nine applications for the withdrawal of groundwater <br /> from the Upper Black Squirrel Designated Ground Water Basin on land leased by the applicant. In its November 2006 meeting, the Commission directed Staff to proceed with evaluation <br /> and publication of the applications and notify the legal land owners of the applications. Following publication, the Commission received some 400 objections. However, the hearing <br /> officer ruled that only those objections—totaling about 80—that had been filed by the deadline and with the statutory $10 fee would be considered in the proceeding. The hearing officer <br /> issued an order setting a hearing in the matter. Prior to the hearing, the proceedings in this matter were stayed 3 pending the outcome of a district court action to determine the <br /> legal effect and validity of the applicant’s leases. Status: A two-day hearing was held the first week in March. The Staff has stipulated with Cherokee as to the available water, <br /> assuming that the Hearing officer grants the application for a determination of water right. The Hearing Officer has taken the matter under advisement. SPRINGS EAST AIRPORT, INC Case <br /> No. 07-GW-69 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Devin Odell This matter <br /> involves an application for a change of water right. The Cherokee Metropolitan District filed an objection. The applicant and objector entered into settlement discussions and requested <br /> that further proceedings be stayed until further notice. At applicant’s request, the stay was lifted and a hearing set. A hearing was held on January 14, 2009 and the Hearing Officer <br /> issued his Initial Decision, ruling in favor of the applicant and directing Staff to issue a final permit for the published amount. Status: Cherokee has appealed the initial decision <br /> to the Commission. DALE AND BONNIE ARNOLD Case Nos. 08-GW-07 & -08 Case Nos. 08-GW-76 & 77 Designated Basin: Kiowa-Bijou Management District: North Kiowa-Bijou Before: Jody Grantham, <br /> Hearing Officer Attorney: Devin Odell This matter involves final permits for two wells. In the first set of two cases, Staff published information regarding the permits based on <br /> information in its files. The District objected, and the matter was set for a hearing. However, after negotiations between the District and the Applicants, it appeared to the Hearing <br /> Officer that the District withdrew its objection and he remanded the matter to Staff for issuance of final permits. The District moved to reinstate its objection, and the Hearing Officer <br /> denied the motion. The Commission affirmed this decision at the February 20, 2009 meeting. Following remand to Staff by the Hearing Officer, with the instruction to conduct an investigation <br /> of the water rights as necessary, the Staff concluded that the published information regarding the water rights was incorrect and that final permits should not be issued allowing pumping <br /> under them. The Staff republished with this information, and the Applicants and the District objected. Following the Commission affirmance of the initial decision in the related cases, <br /> the hearing officer, on the applicants’ motion, dismissed this proceeding Status: Staff will issue final permits for the wells shortly. 4 JANICE CONNOLLY Case No. 08-GW-69 & 70 <br /> Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Devin Odell This matter involves an application to change the description <br /> of the irrigated acres used under a final permit. The District objected on the grounds that the application appears to increase the allowable irrigated acres. Status: The hearing <br /> set for March was canceled after the parties settled the matter based on abandonment by the applicant of a portion of the water right. Staff has issued the final permit. CHEROKEE <br /> METROPOLITAN DISTRICT Case No. 08-GW-71 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: <br /> Devin Odell This matter involves an application for approval of a replacement plan to make new appropriations from the alluvial aquifer within the basin. Objections were submitted <br /> by the District, along with four other water users in the basin. A hearing has been set for two weeks in Denver beginning on June 8, 2009. The hearing officer denied a motion to dismiss <br /> filed by certain objectors and the parties have conducted extensive discovery. Status: A motion to exclude evidence based on the applicants’ ground water model and a motion on a <br /> question of law regarding the applicability of Rule 5.8 (Artificial Recharge) are pending before the hearing officer. PV WATER II, LLC Case No. 08-GW-72 to 75 Designated Basin: Lost <br /> Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Devin Odell This matter involves an application for a change in type and place for four <br /> wells from irrigation to various uses outside of the basin. Objections were submitted by the District. The parties met and reached an agreement and the hearing officer remanded the <br /> matter to the Staff. Status: Staff has issued final permits for the change with terms as agreed to by the parties. 5 CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-78 Designated <br /> Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Devin Odell This matter involves an application <br /> to change the type and place of use of a well. Objections were submitted by the District and other water users in the basin. Status: A hearing has been set for two days in Denver <br /> beginning in September, 2009. EDNA FARMER ET AL. Case No. 09-GW-02 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, <br /> Hearing Officer Attorney: Devin Odell This case involves the determination of water right in the Laramie-Fox Hills aquifer. An objection was filed by Cherokee Metropolitan District. <br /> The applicant moved to consolidate this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and09GW03, another application for <br /> 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 <br /> 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: Devin <br /> Odell 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. Status: The hearing officer will set the matter for a hearing. 6 YOKAM LAND HOLDINGS, LLC Case No. 09-GW-04 Designated <br /> Basin: Lost Creek Management District: None Before: Jody Grantham, Hearing Officer Attorney: Devin Odell This case involves an application for six new appropriations in the alluvial <br /> aquifer for irrigation and export for municipal purposes. An objection was filed by Morgan County Quality Water District, which has moved (with Staff’s consent) to stay the application <br /> pending the Commission’s consideration of its petition to amend Rule 5.2.5.2 so as to declare the Hay Gulch subdivision overappropriated. The applicant opposes the motion. The hearing <br /> officer granted a motion (consented to by all parties) by Lost Creek Land & Cattle Company, allowing it to intervene in the case. Status: The parties have briefed the motion to stay <br /> pending the Commission’s consideration of the petition regarding Hay Gulch and are awaiting a decision by the hearing officer. <br />AG-Report2009-5-15.docxATTORNEY GENERAL’S REPORT <br /> <br />ATTORNEY GENERAL’S REPORT <br />Cases involving the Colorado Ground Water Commission <br />May 15, 2009 <br />The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of May 4, 2009. <br />pETITIONS TO amend boundaries of basin—Kroskob and Uhrick <br />Case No. 09CV61 <br />Designated Basin: Kiowa-Bijou <br />Management District: North Kiowa-Bijou <br />Before: Morgan County District Court, Judge C. Vincent Phelps <br />Attorney: Pat Kowaleski <br />Subject: This matter involves two petitions to expand the boundaries of the Kiowa-Bijou Designated Ground Water Basin to include two square-mile parcels on the northeastern edge of <br /> the basin, one contiguous with the existing basin and the other not contiguous. Staff published the petitions pursuant to direction from the Commission and received two objections, <br /> one from the North Kiowa-Bijou Ground Water Management District and one joint objection from the Bijou Irrigation Co. and Bijou Irrigation District. Following a hearing on August 4-7, <br /> 2008, the hearing officer issued an order denying the petitions, ruling that the petitioners did not meet their burden of proof. The Commission affirmed this initial decision at the <br /> February meeting. <br />Status: Petitioners have appealed the Commission’s decision, and the matter will be heard “de novo” by the District Court. <br />appeal of rules adopted by the upper black squirrel creek ground water management district <br />Case No. 09CA131 <br />Designated Basin: Upper Black Squirrel <br />Management District: Upper Black Squirrel <br />Before: Colorado Court of Appeals <br />Attorney: Pat Kowaleski <br />Subject: Cherokee, Meridian Ranch, Meridian Service, Paint Brush Hills and Woodmen <br />Hills Metropolitan Districts filed an appeal to the adoption of Rule Nos. 3, 17, 18, and 19 by the Upper Black Squirrel Creek Ground Water Management District. The Upper Black Squirrel <br /> Creek District issued rules limiting withdrawals from large capacity wells, and, pursuant to statute, the Commission was required to approve the rules. On October 29, 2004, Cherokee <br /> et al filed an appeal with the District Court in El Paso County. The Commission filed a Motion to Dismiss the District Court action on the grounds that the Commission had not yet completed <br /> its review, and the matter was therefore not ripe for an appeal to District Court. The District Court put the matter on hold until the Hearing Officer and the Commission acted on the <br /> remand to the Hearing Officer. <br />Status: On December 12, 2008, the El Paso County District Court upheld the Commission’s approval of the Management District Rules. On January 20, 2009, the District Court’s decision <br /> was appealed to the Court of Appeals by the parties who had objected to the rules. The record will be filed in the Court of Appeals, and briefing will begin. The Appellants sought <br /> to have the matter heard by the Supreme Court, prior to review by the Court of Appeals, but their request was denied by the Supreme Court. <br />Moser v. Ground Water Commission <br />Case No. 07-CV-487 <br />Designated Basin: Proposed Box Elder Creek <br />Management District: <br />Before: Hon. Roger Klein, Weld County District Court <br />Attorney: Pat Kowaleski <br />Subject: The Commission denied the request of John Moser, et al, to create the Box Elder Creek Designated Basin, and Moser appealed the Commission’s decision to District Court. Pursuant <br /> to statute, the matter will be tried de novo by the Court. The Court ordered the setting of the trial to be stayed so as to allow the parties to brief the disputed legal issues, including <br /> the preclusive effect of the court’s final decree (to be issued this spring) in Central Colorado Water Conservancy District’s Well Augmentation Subdistrict case, which included findings <br /> by the court regarding the Box Elder Creek drainage. On July 31, Moser filed a 45 page Motion For Determination of Questions of Law. <br />Status: The Commission has responded to the Motion and the issues should be ruled upon by the Court soon. <br />CHEROKEE METROPOLITAN DISTRICT <br />Case No. 05-GW-15, 16, 17 <br />Designated Basin: Upper Black Squirrel <br />Management District: Upper Black Squirrel <br />Before: Jody Grantham, Hearing Officer <br />Attorney: Devin Odell <br />Subject: These cases involve nine applications for the withdrawal of groundwater from the Upper Black Squirrel Designated Ground Water Basin on land leased by the applicant. <In its <br />November 2006 meeting, the Commission directed Staff to proceed with evaluation and publication of the applications and notify the legal land owners of the applications. Following publication, <br /> the Commission received some 400 objections. However, the hearing officer ruled that only those objections—totaling about 80—that had been filed by the deadline and with the statutory <br /> $10 fee would be considered in the proceeding. The hearing officer issued an order setting a hearing in the matter. Prior to the hearing, the proceedings in this matter were stayed <br /> pending the outcome of a district court action to determine the legal effect and validity of the applicant’s leases. <br />Status: A two-day hearing was held the first week in March. The Staff has stipulated with Cherokee as to the available water, assuming that the Hearing officer grants the application <br /> for a determination of water right. The Hearing Officer has taken the matter under advisement. <br />Springs east airport, inc <br />Case No. 07-GW-69 <br />Designated Basin: Upper Black Squirrel Creek <br />Management District: Upper Black Squirrel Creek <br />Before: Jody Grantham, Hearing Officer <br />Attorney: Devin Odell <br />This matter involves an application for a change of water right. The Cherokee Metropolitan District filed an objection. The applicant and objector entered into settlement discussions <br /> and requested that further proceedings be stayed until further notice. At applicant’s request, the stay was lifted and a hearing set.< <A hearing was held on January 14, 2009 and the <br /> Hearing Officer issued his Initial Decision, ruling in favor of the applicant and directing Staff to issue a final permit for the published amount. <br />Status: Cherokee has appealed the initial decision to the Commission. <br />Dale and bonnie arnold <br />Case Nos. 08-GW-07 & -08 <br />Case Nos. 08-GW-76 & 77 <br />Designated Basin: Kiowa-Bijou <br />Management District: North Kiowa-Bijou <br />Before: Jody Grantham, Hearing Officer <br />Attorney: Devin Odell <br />This matter involves final permits for two wells. In the first set of two cases, Staff published information regarding the permits based on information in its files. The District objected, <br /> and the matter was set for a hearing. However, after negotiations between the District and the Applicants, it appeared to the Hearing Officer that the District withdrew its objection <br /> and he remanded the matter to Staff for issuance of final permits. The District moved to reinstate its objection, and the Hearing Officer denied the motion. The Commission affirmed <br /> this decision at the February 20, 2009 meeting. <br />Following remand to Staff by the Hearing Officer, with the instruction to conduct an investigation of the water rights as necessary, the Staff concluded that the published information <br /> regarding the water rights was incorrect and that final permits should not be issued allowing pumping under them. The Staff republished with this information, and the Applicants and <br /> the District objected. Following the Commission affirmance of the initial decision in the related cases, the hearing officer, on the applicants’ motion, dismissed this proceeding <br />Status: Staff will issue final permits for the wells shortly. <br />Janice connolly <br />Case No. 08-GW-69 & 70 <br />Designated Basin: Lost Creek <br />Management District: Lost Creek <br />Before: Jody Grantham, Hearing Officer <br />Attorney: Devin Odell <br />This matter involves an application to change the description of the irrigated acres used under a final permit. The District objected on the grounds that the application appears to <br /> increase the allowable irrigated acres. <br />Status: The hearing set for March was canceled after the parties settled the matter based on abandonment by the applicant of a portion of the water right. Staff has issued the final <br /> permit. <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: Devin Odell <br />This matter involves 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, <br /> along with four other water users in the basin. A hearing has been set for two weeks in Denver beginning on June 8, 2009. The hearing officer denied a motion to dismiss filed by certain <br /> objectors and the parties have conducted extensive discovery. <br />Status: A motion to exclude evidence based on the applicants’ ground water model and a motion on a question of law regarding the applicability of Rule 5.8 (Artificial Recharge) are <br /> pending before the hearing officer. <br />PV Water II, LLC <br />Case No. 08-GW-72 to 75 <br />Designated Basin: Lost Creek <br />Management District: Lost Creek <br />Before: Jody Grantham, Hearing Officer <br />Attorney: Devin Odell <br />This matter involves an application for a change in type and place for four wells from irrigation to various uses outside of the basin. Objections were submitted by the District. The <br /> parties met and reached an agreement and the hearing officer remanded the matter to the Staff. <br />Status: Staff has issued final permits for the change with terms as agreed to by the parties. <br />cherokee metropolitan district <br />Case No. 08-GW-78 <br />Designated Basin: Upper Black Squirrel Creek <br />Management District: Upper Black Squirrel Creek <br />Before: Jody Grantham, Hearing Officer <br />Attorney: Devin Odell <br />This matter involves an application to change the type and place of use of a well. Objections were submitted by the District and other water users in the basin. <br />Status: A hearing has been set for two days in Denver beginning in September, 2009. < <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: Devin Odell <br />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 <br /> 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: Devin Odell <br />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 <br /> 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 />Yokam land holdings, llc <br />Case No. 09-GW-04 <br />Designated Basin: Lost Creek <br />Management District: None <br />Before: Jody Grantham, Hearing Officer <br />Attorney: Devin Odell <br />