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<br />201102_Minutes.pdf <br />AG Report2011-5-20..pdf <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.pdf <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 />MinutesOf2011-02-Draft..pdf <br />MinutesOf2011-02-Draft.docxMINUTES <br /> <br />MINUTES <br />FIRST QUARTERLY MEETING <br />COLORADO GROUND WATER COMMISSION <br />FEBRUARY 18, 2011 <br />The First Quarterly Meeting of the Colorado Ground Water Commission took place on February 18, 2011, at the Centennial Building, 1313 Sherman St, Room 318, Denver, Colorado. Chairman <br /> Dennis 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, <br /> Carolyn Burr, Dennis Coryell, Cory Huwa, Earnest Mikita, George Schubert, Max Smith, Virgil Valdez, Mike King, Dick Wolfe and Susan Sellers. Staff members present were Kevin Rein, <br /> Keith Vander Horst, Rick Nielsen, Chris Grimes, Jay Bloomfield, Justina Farris, Ivan Franco, Dave Keeler, Tracy Kosloff, Elizabeth Pottorff and Michael Schaubs. Also present were Jody <br /> Grantham, Hearing Officer, Pat Kowaleski, A.G. for the Commission and Jennifer Mele, A.G. for staff. Members of the public were also present.< <br />Review and Approval of Agenda Items – The agenda was accepted and approved as presented. <br />Approval of Minutes for Meeting of November 19, 2010 Chairman Coryell asked if there were any corrections or additions to the minutes. <br />Commissioner Mikita mentioned a misspelling of his name on page two. <br />Commissioner Mikita moved to approve the minutes as corrected. <br />Commissioner Burr seconded the motion which carried unanimously. <br />Report of the Executive Director by Dick Wolfe <br />Mr. Wolfe, confining his comments to Republican River matters, advised the Commission that the next round of negotiations with Kansas on pipeline matters will be March 1, 2011. He went <br /> on to say that the big news concerns Bonnie Reservoir. Talks between the Colorado Division of Water Resources, the Division of Wildlife, the Division of Parks, the National Park Service, <br /> the Corps of Engineers and other Federal Agencies has led to Bonnie reservoir being reclassified. Following a series of public meetings, it will managed as a passive recreation area, <br /> will be operated as a compact reservoir and operate at a near drained condition. Mr. Wolfe stated that new stage area-capacity curves will need to be calculated because over the years, <br /> silting has changed the contour elevations of the bottom and dropped the storage capacity by 4500 acre-feet. <br />Upon questioning Mr. Wolfe stated that the statewide snowpack is at or above average. <br /> <br />Chairman Coryell called for agenda item no. 5, the staff activity report. <br />Mr. Keith Vander Horst reviewed the staff activity report as submitted. He pointed out that final permit activity is increasing because of the additional staff. Mr. Vander Horst touched <br /> on pending hearings, noting that the hearing on the Upper Spring Creek petition has been postponed and that there are two opposers, a local land owner and the Town of Ft. Collins. <br />On enforcement matters he informed the Commission that there are three (3) new cases involving expanded acres in the Northern High Plains and a new case involving excessive pumping in <br /> the Upper Black Squirrel Basin. <br />There were no questions for Mr. Vander Horst. <br />Mr. Dave Keeler updated the Commission on the Republican River enforcement team. All of the year end reports have been submitted and tabulated. Of the 78 <wells not in compliance 38 <br /> are considered to be inactive. This past year there have been 300 cancelled permits, most in response to the EQUIP, CREP and AWEP programs. In response to questions, Mr. Keeler advised <br /> the Commission that <there are approximately 2500 wells using the PCC measurement method and 1500 utilizing flow meters. He said that well owners will receive postcard notification <br /> when their well is due for re-certification, every two (2) years for the PCC method and every four (4) years for those wells utilizing meters. <br />Chairman Coryell called for agenda item no. 6, 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. She noted that the Gallegos matter has been set for hearing in November. <br />There were no questions for Ms. Mele. <br />Chairman Coryell called for agenda item no. 7, a presentation on water level measurements. <br />Mr. Michael Schaubs, a geologist with the State Engineers’ office, addressed the Commission. He said that the office of the State Engineer took control of the water level measurement <br /> program from the USGS in 1987. <He informed the Commission that the static water levels of approximately 1200 wells, most in the Designated Basins, are measured annually during the <br /> winter months. Mr. Schaubs introduced various tools used to measure water levels with a short explanation of the proper use (when, where and how) of each to the Commission. He concluded <br /> his presentation by cautioning the Commission that budget concerns may cause the program to be defunded. <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 he has completed the static water level measurements for his districts. Overall, <br /> the water level is down between a half-foot and a foot. He also said that there has been little moisture since November, just cold and wind. <br />Mr. Jack Dowell, reporting for the W-Y GWMD advised the Commission that he too had completed measuring the static water levels in his district. Of the 88 wells that he measured, he <br /> found a water level rise in 41, a drop in 31 and the remaining 16 had no change. He told the Commission that the harvest had been good. Mr. Dowell updated the Commission on the eradication <br /> program. <The Salt Cedar removal on the North Fork was finished in January and they intend to start working the South Fork from Bonnie dam to the state line soon. <br />Mr. Rod Mason reporting for the Arikaree GWMD reported that water levels in his district were down from between one to five feet, and that the 4”-8” of snow received last week has been <br /> the only moisture this winter. <br />Ms. Deb Daniel reporting for the Plains and East Cheyenne GWMD’s, advised the Commission that water levels were erratic in the Plains district and down about a half foot in the East <br /> Cheyenne. She commented that they would like a wet spring to make up for the dry and mild winter. Ms. Daniels said that she was kept busy throughout November helping farmers complete <br /> and submit their annual water use reports. She closed by informing the Commission that East Cheyenne District is now voluntarily compliant with the Republican administration rules. <br />Mr. Max Smith, reporting for the Southern High Plains GWMD stated that his district has been experiencing the same dry weather with temperature extremes as the other districts. He said <br /> that the wheat was up but needs some moisture. Mr. Smith commented on the presentation by Mr. Schuabs and mentioned his personal experience in measuring water levels. <br /> <br />Mr. Robert Loose reporting for the North Kiowa Bijou GWMD reported that his board spends more time and energy on the small capacity wells then they do the large. <br />Mr. Dave Doran reporting for the Upper Black Squirrel GWMD informed the Commission that drafts of new district rules have been sent to staff for review and comments. The rules have <br /> also been sent to irrigators, districts and other interested parties, hopefully allowing sufficient response time. He< expressed the District’s appreciation on the enforcement action <br /> mentioned by Mr. Vander Horst and advised the Commission that the District has initiated a water quality study and requested that the well measurement program be kept. <br />Mr. Doran and Commissioner Schubert brought to the attention of the Commission a matter affecting their district and one that could spread to other districts. A water court application, <br /> for surface water rights, has been filed in the upper reaches of Black Squirrel Creek, claiming storm runoff. This District believes that any capture and use of storm runoff would deplete <br /> the alluvium of Black Squirrel Creek thereby injuring senior water rights holders.< <br />After extensive discussion it was determined that staff will look further into the matter, discuss the issue with the Attorney General’s Office and file an objection if one is warranted. <br />There was no report from the Upper Big Sandy GWMD. <br /> <br />Mr. Tom Sauter reporting for the Lost Creek GWMD said that there was nothing to report. <br />Mr. Stan Murphy reporting for the Republican River Water Conservation District advised the Commission that the District, at a special meeting, had decided to proceed with construction <br /> of the compliance pipeline. He also provided the Commission with a< status report on the various programs within the District. The four different tabulations showed the number of acres <br /> and monies associated with each program by County and by Ground water Management District. <br />Chairman Coryell called for agenda item no. 10, old business. There was none. <br />Chairman Coryell called for agenda item no. 11, new business. <br />Mr. Robert Loose, representing the North Kiowa-Bijou GWMD again addressed the Commission. He expressed the District Boards concern over the amount of time that they spend on matters <br /> concerning small capacity wells within the District. The District is seeking the support of the Commission and the other districts in their effort to amend Section 39-5-128 C.R.S. <br /> to allow for annual assessments on all water wells issued pursuant to 37-90-105 C.R.S. The District believes that the growth of small capacity wells and the complexity of issues related <br /> to them was not anticipated when this statute was written. The District believes that as the small capacity wells take up a majority of the Board’s time and benefit from the actions <br /> of the Board they should help finance the activities of the Board. <br />There was extensive discussion however no action was taken by the Commission because the matter was not a published agenda item. <br />Chairman Coryell called for agenda item no. 12, public comment. There was none. <br />There being no further business the meeting adjourned. <br />Respectfully submitted, <br />Richard A Nielsen, P.E. <br />Secretary to the Ground Water Commission <br />Ground Water Commission Meeting MinutesPage 4 <br />February 18, 2011 <br />PacketMemo2011May.docx <br /> </w:t></w:r><w:r><w:rPr><w:rFonts w:ascii="STATE OF COLORADO <br />GROUND WATER COMMISSION <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 </w:t></w:r></w:p><w:p w:rsidR="00707 <br />FAX (303) 866-3589 <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director, DNR <br />Dick Wolfe, P.E. <br />Executive Director <br />May 9, 2011 <br />MEMORANDUM <br />TO: Ground Water Commission Members <br />FROM: Keith Vander Horst, Designated Basins Team <br />SUBJECT: Upcoming Ground Water Commission Meeting <br />The upcoming Ground Water Commission meeting is scheduled for 10:00 a.m. on Friday, May 20, 2011 at the Town of Castle Rock Council Chambers, 100 N. Wilcox, 2nd Floor, Castle Rock, CO <br /> 80104. Please find herein enclosed the following: <br />Meeting agenda <br />Minutes of the last Commission meeting, Agenda Item No. 3 <br />Staff Activity Report, Agenda Item No. 6. <br />Attorney General’s Report, Agenda Item No. 7 <br />Hearing Officer's Report <br />The well permit application and request for variance, the objection to the variance request, and Staff’s comments on the variance request for the following hearing is being provided <br /> to you via the Hearing Officer’s ftp site at: <br />ftp://dwrftp.state.co.us/dwr/hearings/ftp://dwrftp.state.co.us/dwr/hearings/ <br />Agenda Item 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 (related to case no. 11-GW-04) <br />Please contact myself or Rich Nielsen if there are any questions. <br />cc:Commission Staff <br />Designated Ground Water Management Districts <br /> <br /> <br />Memorandum <br />Upcoming Commission Meeting <br />Page 2 <br />Upcoming Ground Water Commission MeetingPage 2 <br />August 6, 2010 <br />DENNIS W. CORYELL, CHAIRMAN, Burlington; COREY M. HUWA, VICE-CHAIRMAN, Roggen; GRANT H. BLEDSOE, Wray; VIRGIL VALDEZ, Alamosa; <br />C. MAX SMITH, Walsh; CAROLYN F. BURR, Denver; LARRY W. CLEVER, Grand Junction; EARNEST L. MIKITA, Calhan; GEORGE H. SCHUBERT, Calhan <br />PacketMemo2011May.pdf <br />QRTSTAT-2011May.xlsQRTSTAT.XLS <br />Print_Area_MI <br />TABLE 1 <br />DESIGNATED BASINS BRANCH <br />QUARTERLY ACTIVITY REPORT <br />C.R.S. 37-90- <br />BASIN <br />RECEIVED <br />ISSUED <br />KIOWA BIJOU <br />LOST CREEK <br />CAMP CREEK <br />UPPER BIG SANDY <br />TOTAL <br />SUMMARY OF APPLICATION ACTIVITY <br />INCOMPLETE <br />AP <br />NP <br />AU <br />AR <br />AD & AW <br />CHANGE APPLICATIONS <br />UPPER CROW CREEK <br />TOTAL RECEIVED <br />NEW ISSUED <br />REPLACE ISSUED <br />NEW RECEIVED <br />DENIED & WITHDRAWN <br />NORTHERN HIGH PLAINS <br />SOUTHERN HIGH PLAINS <br />UPPER BLACK SQUIRREL CREEK <br />