Laserfiche WebLink
<br />201102_Minutes.pdf <br /> <br />AG Report2011-5-20..pdfMicrosoft Word - AG Report2011-5-20.DOCX <br /> ATTORNEY GENERAL’S REPORT Cases involving the Colorado Ground Water Commission May 20, 2011 The listing below summarizes matters in which the Office of the Attorney General represents <br /> the Colorado Ground Water Commission as of May 6, 2011. CHEROKEE METROPOLITAN DISTRICT V. GROUND WATER COMMISSION AND COLORADO SPRINGS EAST AIRPORT Case No. 09CV4325 Designated <br /> Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: El Paso County District Court, Judge Larry E. Schwartz Attorney: Pat Kowaleski Subject: In 2007 the <br /> 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 hearing, the Commission’s <br /> 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 the findings by Order <br /> 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 consumptive use <br /> 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 made to settle <br /> the case. Status: The trial date has been vacated, and there are no proceedings currently pending before the Court. CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-71 Designated <br /> Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: An application for approval <br /> 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. <br /> 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 2 their presentations. <br /> 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, <br /> subject to further negotiations and amendment of the proposed replacement plan. Status: This case was consolidated with change cases 08GW78 and 09GW15, and the trial was set to <br /> continue in January 2010. 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 <br /> 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 <br /> plan. The District also filed for a preliminary injunction to prevent Cherokee from claiming waste water returns in the Basin as augmentation credit in the replacement plan in 08GW71 <br /> until the motion for declaratory judgment is resolved. The preliminary injunction was granted, and Cherokee filed a motion to dismiss for lack of jurisdiction which was denied. The <br /> District Court has not yet ruled on whether Cherokee may use the waste water as a replacement supply. Meridian moved to intervene but that motion was denied. Meridian has appealed <br /> the denial to the Supreme Court. CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-78 09-GW-15 Designated Basin: Upper Black Squirrel Creek Management District: Upper <br /> 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 <br /> 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 <br /> Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Subject: This case involves the determination of water right <br /> 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 <br /> 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. <br /> 3 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: <br /> 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 <br /> 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 <br /> 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 <br /> 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, <br /> 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 <br /> 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. <br /> DEAN GOSS Case No. 10-GW-04 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: <br /> 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 Francis <br /> Booker. Status: A hearing has been scheduled for October 5, 2011 in front of the Hearing Officer. 4 TOWN OF AKRON Case No. 10-GW-05 Designated Basin: Camp Creek Management <br /> District: Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: An application for a new appropriation has been filed by the Town of Akron. Kenneth Wahl and Steven <br /> Diamond have filed a protest to the issuance of the conditional permit. Status: A hearing has been set for July 12 and 13, 2011 in Akron. TOWN OF AKRON Case No. 11-GW-01 Designated <br /> Basin: Camp Creek Management District: Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: A final permit was published for issuance to the Town of Akron. Kenneth <br /> Wahl and Steven Diamond have filed a protest to the issuance of the final permit. Status: A hearing has been set for July 12 and 13, 2011 in Akron, to be heard after the conclusion <br /> of 10GW05. GALLEGOS, REINALDO, ET AL Case No. 03-GW-06 Designated Basin: Upper Crow Creek Management District: Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: <br /> Petition to dedesignate portions of the Upper Crow Creek Designated Ground Water Basin. Background: The petitioners originally sent letters to the State Engineer in 2002 and 2003 <br /> 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 <br /> 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 <br /> of surface rights seeks to change a boundary of a designated basin, in which case the surface rights owner must show that pumping of the designated ground water has more than a de minimis <br /> effect on the surface rights and is causing injury to those rights. The matter was remanded 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. 5 WILLIAM & MARILYN ANNE BLAUW Case No. 11-GW-02 Designated Basin: Kiowa-Bijou Management District: North <br /> Kiowa-Bijou Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: This is an appeal by the Blauws of Staff’s order canceling the conditional permit for failure of <br /> the Blauws to submit a Statement of Beneficial Use as required by statute. The Blauws filed a motion for summary judgment asking the Commission to determine that water from the well <br /> had actually been put to beneficial use, and asking Staff to withdraw the cancelation order. Status: The Hearing Officer granted the motion for summary judgment, revoking the cancelation <br /> and reinstating the conditional permit. FRONT RANGE RESOURCES Case No. 11-GW-03 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer <br /> Attorney: Jen Mele Subject: Application for appropriation of designated ground water. An objection to the application was filed by the Lost Creek Ground Water Management District. <br /> Status: A setting conference has been schedule. TOWN OF TWO BUTTES Case No. 11-GW-04 Designated Basin: Southern High Plains Management District: Before: Jody Grantham, Hearing <br /> Officer Attorney: Jen Mele Subject: Application for appropriation of designated ground water. An objection to the application was filed by Raymond and Alice Binder. Status: <br /> A hearing has been set for June 29, 2011. <br />AG Report2011-5-20.DOCXATTORNEY GENERAL’S REPORT <br /> <br />ATTORNEY GENERAL’S REPORT <br />Cases involving the Colorado Ground Water Commission <br />May 20, 2011 <br />The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of May 6, 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.</ Meridian has appealed the denial to the Supreme Court.< <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 />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 hearing has been set for July 12 and 13, 2011 in Akron. <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 and Steven Diamond have filed a protest to the issuance of the final permit. <br />Status: A hearing has been set for July 12 and 13, 2011 in Akron, to be heard after the conclusion of 10GW05. <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. </ <br />WILLIAM & MARILYN ANNE BLAUW <br />Case No. 11-GW-02 <br />Designated Basin: Kiowa-Bijou <br />Management District: North Kiowa-Bijou <br />Before: Jody Grantham, Hearing Officer <br />Attorney: Jen Mele <br />Subject: This is an appeal by the Blauws of Staff’s order canceling the conditional permit for failure of the Blauws to submit a Statement of Beneficial Use as required by statute. <br /> The Blauws filed a motion for summary judgment asking the Commission to determine that water from the well had actually been put to beneficial use, and asking Staff to withdraw the <br /> cancelation order. <br />Status: The Hearing Officer granted the motion for summary judgment, revoking the cancelation and reinstating the conditional permit. <br />FRONT RANGE RESOURCES <br />Case No. 11-GW-03 <br />Designated Basin: Lost Creek <br />Management District: Lost Creek <br />Before: Jody Grantham, Hearing Officer <br />Attorney: Jen Mele <br />Subject: Application for appropriation of designated ground water. An objection to the application was filed by the Lost Creek Ground Water Management District. <br />Status: A setting conference has been schedule. <br />TOWN OF TWO BUTTES <br />Case No. 11-GW-04 <br />Designated Basin: Southern High Plains <br />Management District: <br />Before: Jody Grantham, Hearing Officer <br />Attorney: Jen Mele <br />Subject: Application for appropriation of designated ground water. An objection to the application was filed by Raymond and Alice Binder. <br />Status: A hearing has been set for June 29, 2011. <br />2 <br />6 <br />Agenda2011May.doc <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 18, 2011 <br /> <br />Report of the Executive Director by State Engineer Dick Wolfe <br /> <br />Hearing on a request by the Town of Two Buttes for a variance to Rule 5.2.1 to allow issuance of a new large capacity permit on an existing well without a Waiver of Claim to Injury from <br /> a well within ½ mile. <br /> <br />Staff Report by Keith Vander Horst <br /> <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. <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 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 <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 />NOTICE OF GENERAL MEETING OF THE <br />COLORADO GROUND WATER COMMISSION <br />May 21, 2010 <br /> <br />A G E N D A (page 2, 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 20, 2011 <br /> <br />Town of Castle Rock Council Chambers <br />100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104 <br /> <br />A G E N D A <br /> <br /> <br /> <br /> <br /> <br /> <br />Agenda2011May.pdfMicrosoft Word - Agenda2011May.doc <br /> 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of February 18, 2011 4. Report of the Executive Director by State Engineer <br /> Dick Wolfe 5. Hearing on a request by the Town of Two Buttes for a variance to Rule 5.2.1 to allow issuance of a new large capacity permit on an existing well without a Waiver of Claim <br /> to Injury from a well within ½ mile. 6. Staff Report by Keith Vander Horst 7. Report of the Attorney General by Jen Mele. This is a background briefing on legal issues in the written <br /> report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 12 for discussion in Executive Session if the Board has questions about the litigation. <br /> 8. 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 <br /> GWMDs by Deb Daniel e. Southern High Plains GWMD by Max Smith f. North Kiowa-Bijou GWMD by Robert Loose g. Upper Black Squirrel GWMD by Dave Doran h. Upper Big Sandy GWMD by Dave Taussig <br /> i. Lost Creek by GWMD by Thomas Sauter j. Republican River Water Conservation District by Stan Murphy 9. Old Business 10. New Business 11. Public Comments 12. Executive Session <br /> (if needed) 13. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, May 20, 2011 Town of Castle Rock Council Chambers 100 N. Wilcox, <br /> 2nd Floor, Castle Rock, CO 80104 A G E N D A <br />Agenda2011May-Draft.doc <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 18, 2011 <br /> <br />Report of the Executive Director by State Engineer Dick Wolfe <br /> <br />Hearing on a request by the Town of Two Buttes for a variance to Rule 5.2.1 to allow issuance of a new large capacity permit on an existing well without a Waiver of Claim to Injury from <br /> a well within ½ mile. <br /> <br />Staff Report by Keith Vander Horst <br /> <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. <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 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 <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 />NOTICE OF GENERAL MEETING OF THE <br />COLORADO GROUND WATER COMMISSION <br />May 21, 2010 <br /> <br />A G E N D A (page 2, 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 20, 2011 <br /> <br />Town of Castle Rock Council Chambers <br />100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104 <br /> <br />A G E N D A <br /> <br /> <br /> <br /> <br /> <br /> <br />Enforcement7.docx <br />Enforcement Items and Actions <br />NORTHERN HIGH PLAINS <br />Plains GWMD <br />At the request of Deb Daniels (Plains district manager) staff field inspected wells owned by Cynthia Halde to determine whether or not the illegal commingling identified had been severed. <br /> It appears Mrs. Halde is now operating the wells in compliance with the well permits, and the enforcement action has been closed. <br />Arikaree GWMD <br />Working with the Arikaree GWMD and Mr. Robert Boyd, staff has resolved Mr. Boyd’s rotation of acres issue. One of the terms of this resolution required Mr. Boyd to meter his well and <br /> hire a 3rd party administrator to read the meter and submit pumping records to our office throughout the year for review. At this time Mr. Boyd is believed to be operating in compliance <br /> with his well permit and the terms of his rotation of acres approval. We will be closely monitoring the well’s pumping this year. <br />UPPER BLACK SQUIRREL CREEK <br />Upper Black Squirrel Creek GWMD <br />As requested, Color Star Growers is now submitting monthly pumping records to the GWMD. This spring/summer our office, along with personnel from the ground water management district, <br /> will be performing a field inspection of the Color Star Growers operation to ensure the wells are being used for their permitted purposes. <br />KIOWA BIJOU <br />While reviewing permit files for final permitting, staff found reason to believe Nancy Herter and Richard Huffsmith were operating large capacity commercial wells for unpermitted irrigation <br /> purposes. A field inspection was performed, and it appears all irrigation from the wells has ceased. We will be keeping an eye on these wells in the future. <br />North Kiowa Bijou <br />Following the submittal of well abandonment reports and a signed affidavit from Freund Investments indicating illegal wells had been plugged and abandoned as ordered, our office continued <br /> to receive complaints from the public concerning the illegal use of the same wells. Staff performed a field inspection and verified that one of the wells continues to pump in violation <br /> of Ground Water Commission orders. We are currently in the process of issuing< a Cease and Desist Order. <br />Staff has scheduled a field inspection for May 13th to visit with Dale Arnold and inspect a pond on his property that we believe to have exposed groundwater. We will also be looking <br /> at his two irrigation wells to ensure they have been equipped with totalizing flow meters. If these issues have not been properly addressed at the time of the inspection, we will be <br /> following up with Cease and Desist orders. <br />It was verified through a field inspection that Gene Linnebur had failed to equip two small capacity commercial wells with measurement devices. We are currently working with Mr. Linnebur <br /> to correct the violation. <br />HO-Report2011-5-20.pdf <br /> 1 HEARING OFFICER'S REPORT Colorado Ground Water Commission May 20, 2011 Meeting The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water <br /> Commission as May 2, 2011. Box Elder Creek Designated GW Basin Case number: 06-GW-23 Designated Basin: Box Elder Creek Date of request: 03-Mar-06 Subject: Petition to Creation <br /> of the Box Elder Creek Designated Ground Water Basin. Status: Hearing held for nine days held in January 2007. Commission upheld decision of Hearing Officer. Decision appealed <br /> to the District Court. Case pending before District Court Cherokee Metro & Meridian Svc Dist. Case number: 08-GW-71 Designated Basin: Upper Black Squirrel Date of request: <br /> 15-Oct-08 Subject: Objection to an application for approval of a replacement plan to make new appropriations from the alluvial aquifer within the Upper Black Squirrel Creek Designated <br /> Basin. Status: Two weeks of hearing held June 8th thru June 19, 2009. Case consolidated with Case Nos. 08GW78 as well as the change case filings for well nos. 9 through 12 (09GW15). <br /> Case is presently stayed pending outcome of district court declaratory judgment proceedings on stipulation interpretation. Cherokee Metro & Meridian Svc Dist. Case number: 09-GW-15 <br /> Designated Basin: Upper Black Squirrel Date of request: Subject: Objection to an application to change the type and place of use Status: See 08GW71 above. Case is presently <br />