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<br />08-0019_021.pdf <br />REDRAFT 10.18.07 Double underlining denotes changes from prior draft SHORT TITLE: "Track Well Owners Water Supplies" Shading denotes HOUSE amendment. Double underlining denotes SENATE <br /> amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. Second Regular Session Sixty-sixth <br /> General Assembly STATE OF COLORADO DRAFT LLS NO. 08-0019.02 Thomas Morris HOUSE BILL House Committees Senate Committees A BILL FOR AN ACT 101 CONCERNING A REQUIREMENT TO TRANSFER A <br /> WELL PERMIT UPON 102 CONVEYANCE OF RESIDENTIAL REAL PROPERTY. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that <br /> may be subsequently adopted.) Beginning in 2009, prior to or at closing, requires a buyer of residential real estate that includes a small capacity well or domestic exempt water well <br /> to complete a form notifying the division of water resources in the department of natural resources (division) of the change in ownership of the well. Requires a person who provides <br /> closing services for the transaction, or, if there is no such person, the buyer, to submit the form to the division within 30 days after closing unless the HOUSE SPONSORSHIP Looper, <br /> SENATE SPONSORSHIP Gordon, REDRAFT 10.18.07 Double underlining denotes changes from prior draft DRAFT-2well is an existing well that had not previously been registered with the division, <br /> in which case the form must be filed within 60 days after closing. Specifies that a person providing closing services will not be liable for delaying the closing of the transaction <br /> in order to ensure that the buyer completes the required form. If the closing is so delayed, specifies that neither the buyer nor the seller shall have any claim under the act for <br /> relief against the buyer, the seller, or any person licensed by the real estate commission. 1 Be it enacted by the General Assembly of the State of Colorado: 2 SECTION 1. Legislative <br /> declaration. (1) The general 3 assembly: 4 (a) Finds that the division of water resources in the department of 5 natural resources needs timely and accurate data regarding water <br /> rights 6 and well ownership in order to efficiently and fairly administer those 7 water rights and to ensure that wells are properly constructed and 8 maintained; 9 (b) Determines <br /> that current data concerning well ownership is 10 inadequate and that a substantial number of residential real estate 11 transactions that transfer ownership of a well are not reported <br /> to the 12 division; and 13 (c) Declares that this act is intended to provide the division with 14 the information it needs to properly carry out its statutory duties. 1 5 SECTION 2. <br /> 38-30-102, Colorado Revised Statutes, is amended 16 to read: 17 38-30-102. Water rights conveyed as real estate - well permit 1 8 transfers. (1) In the conveyance of water rights <br /> in all cases, except 19 where the ownership of stock in ditch companies or other companies 20 constitutes the ownership of a water right, the same formalities shall be 21 observed and <br /> complied with as in the conveyance of real estate. REDRAFT 10.18.07 Double underlining denotes changes from prior draft DRAFT-31 (2) (a) AS USED IN THIS SUBSECTION (2): 2 (I) "CLOSING <br /> SERVICE" MEANS CLOSING AND SETTLEMENT 3 SERVICES, AS THAT TERM IS DEFINED IN SECTION 10-11-102, C.R.S., OR A 4 SETTLEMENT SERVICE, AS THAT TERM IS DEFINED IN SECTION 12-61-113.2, 5 <br /> C.R.S. 6 (II) "DIVISION" MEANS THE DIVISION OF WATER RESOURCES IN THE 7 DEPARTMENT OF NATURAL RESOURCES. 8 (III) "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, 9 GOVERNMENT OR GOVERNMENTAL <br /> SUBDIVISION OR AGENCY, BUSINESS 1 0 TRUST, ESTATE, TRUST, LIMITED LIABILITY COMPANY, PARTNERSHIP, 1 1 ASSOCIATION, OR OTHER LEGAL ENTITY. 12 (b) ON OR AFTER JANUARY 1, 2009, WHEN A <br /> BUYER OF 13 RESIDENTIAL REAL ESTATE ENTERS INTO A TRANSACTION THAT RESULTS 14 IN THE TRANSFER OF OWNERSHIP OF A SMALL CAPACITY WELL LISTED IN 15 SECTION 37-90-105 (1) (a) OR (1) (b), <br /> C.R.S., OR A DOMESTIC EXEMPT 16 WATER WELL LISTED IN SECTION 37-92-602 (1) (b) OR (1) (e), C.R.S., THE 17 BUYER SHALL, PRIOR TO OR AT CLOSING OF THE TRANSACTION, COMPLETE 18 A CHANGE <br /> IN OWNERSHIP FORM FOR THE WELL IN COMPLIANCE WITH 1 9 SECTION 37-90-143, C.R.S. 20 (c) (I) IF A PERSON PROVIDES A CLOSING SERVICE IN CONNECTION 21 WITH A RESIDENTIAL REAL ESTATE TRANSACTION <br /> SUBJECT TO THIS 2 2 SUBSECTION (2), THAT PERSON SHALL: 23 (A) WITHIN THIRTY DAYS AFTER CLOSING, SUBMIT THE FORM 2 4 SPECIFIED IN PARAGRAPH (b) OF THIS SUBSECTION (2) TO THE DIVISION; <br /> 25 EXCEPT THAT, IF AN EXISTING WELL HAS NOT YET BEEN REGISTERED WITH 26 THE DIVISION, THEN THE PERSON SHALL REGISTER THE WELL WITH THE 2 7 DIVISION WITHIN SIXTY DAYS AFTER CLOSING. <br /> REDRAFT 10.18.07 Double underlining denotes changes from prior draft DRAFT-41 (B) NOT BE LIABLE FOR DELAYING THE CLOSING OF THE 2 TRANSACTION IN ORDER TO ENSURE THAT THE BUYER COMPLETES <br /> THE 3 FORM REQUIRED BY THIS SECTION. IF THE CLOSING IS DELAYED PURSUANT 4 TO THIS SUB-SUBPARAGRAPH (B), NEITHER THE BUYER NOR THE SELLER 5 SHALL HAVE ANY CLAIM UNDER THIS SECTION FOR <br /> RELIEF AGAINST THE 6 BUYER, THE SELLER, OR ANY PERSON LICENSED PURSUANT TO ARTICLE 61 7 OF TITLE 12, C.R.S. 8 (II) IF NO PERSON PROVIDES SUCH CLOSING SERVICE, THE BUYER 9 SHALL SUBMIT <br /> THE FORM WITHIN THE DEADLINE SPECIFIED IN 10 SUBPARAGRAPH (I) OF THIS PARAGRAPH (c); EXCEPT THAT, IF AN EXISTING 11 WELL HAS NOT YET BEEN REGISTERED WITH THE DIVISION, THE BUYER 12 <br /> SHALL REGISTER THE WELL WITH THE DIVISION WITHIN SIXTY DAYS AFTER 1 3 CLOSING. 1 4 SECTION 3. 37-90-143 (2), Colorado Revised Statutes, is 15 amended to read: 1 6 37-90-143. Owners <br /> of well permits - name or address change. 17 (2) Effective January 1, 1995 2009, any owner of an unexpired well 18 permit issued pursuant to this article or article 92 of this title <br /> who changes 19 a name or mailing address from that on file with the state engineer shall 20 file, in person, by mail, or by fax, an update with the state engineer within 21 sixty THIRTY <br /> days after the date of the change, on a form prescribed by 22 the state engineer. 2 3 SECTION 4. 10-11-108 (1), Colorado Revised Statutes, is 24 amended BY THE ADDITION OF A NEW PARAGRAPH <br /> to read: 2 5 10-11-108. Prohibitions. (1) A title insurance company or title 26 insurance agent shall not: 27 (e) FAIL TO COMPLY WITH SECTION 38-30-102 (2) (c), C.R.S. REDRAFT 10.18.07 <br /> Double underlining denotes changes from prior draft DRAFT-51 SECTION 5. 12-61-113 (1) (h), Colorado Revised Statutes, is 2 amended to read: 312-61-113. Investigation - revocation <br /> - actions against licensee 4 - repeal. (1) The commission, upon its own motion, may, and, upon the 5 complaint in writing of any person, shall, investigate the activities of any 6 <br /> licensee or any person who assumes to act in such capacity within the 7 state, and the commission, after the holding of a hearing pursuant to 8 section 12-61-114, has the power to impose <br /> an administrative fine not to 9 exceed two thousand five hundred dollars for each separate offense and 10 to censure a licensee, to place the licensee on probation and to set the 11 <br /> terms of probation, or to temporarily suspend or permanently revoke a 12 license when the licensee has performed, is performing, or is attempting 13 to perform any of the following <br /> acts and is guilty of: 14 (h) Failing to COMPLY WITH SECTION 38-30-102 (2) (c), C.R.S., TO 15 provide the purchaser and seller of real estate with a closing statement of 16 the transaction, <br /> containing such information as may be prescribed by the 17 rules and regulations of the commission, or failing to provide a signed 18 duplicate copy of the listing contract and the <br /> contract of sale or the 19 preliminary agreement to sell to the parties thereto; 2 0 SECTION 6. Effective date - applicability. (1) This act shall 21 take effect January 1, 2009. <br /> 22 (2) However, if a referendum petition is filed against this act or 23 an item, section, or part of this act during the 90-day period after final 24 adjournment of the general assembly <br /> that is allowed for submitting a 25 referendum petition pursuant to article V, section 1 (3) of the state 26 constitution, then the act, item, section, or part, shall not take effect <br /> unless 27 approved by the people at a biennial regular general election and shall REDRAFT 10.18.07 Double underlining denotes changes from prior draft DRAFT-61 take effect on the date <br /> specified in subsection (1) or on the date of the 2 official declaration of the vote thereon by proclamation of the governor, 3 whichever is later. 4 (3) The provisions of this act <br /> shall apply to conveyances of wells 5 occurring on or after the applicable effective date of this act. <br />103007waterbillchanges.docHello Tom, <br /> <br />Would you please make the following changes to the water bill? <br /> <br />Short Title: Track Residential Well Ownership Records <br />Page 1, please change “30” days to “60” days. <br />Can up type the Legislative declaration in upper case? I prefer the format of the attached SB235 legislative declaration. Would you please change the declaration in the water bill to <br /> appear (upper case) the same as in SB235? <br />Page 2, change ( c ) to ( d ) <br />Page 2, add ( c ) Determines that current and accurate data is necessesary for the state to notify well owners of any health, safety, water right or stewardship issue pertaining to their <br /> ground water wells. <br />Page 3, line 23, change “thirty days” to “sixty days” after closing…. <br />Page 4, line 21, change “thirty” back to “sixty”. <br /> <br /> <br />Thank you, <br /> <br />-Marsha <br /> <br /> <br />AgendaNov07.doc <br /> <br /> <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 August 17, 2007 <br /> <br />Report of the Executive Director by Assistant State Engineer Dick Wolfe <br /> <br />Staff Report by Keith Vander Horst. <br /> <br />Report of the Attorney General by Devin Odell <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 />Presentation on legislation affecting small capacity well ownership by Representative Marsha Looper, House District 19. <br />Selection of meeting dates and locations for 2008 <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 19, 2006 <br /> <br />Revised A G E N D A (cont.) <br /> <br /> <br /> <br /> <br />NOTICE OF GENERAL MEETING OF THE <br />COLORADO GROUND WATER COMMISSION <br /> <br />10:00 a.m., Friday, November 16, 2007 <br /> <br />Parker Water & Sanitation District <br />North Reclamation Facility Administration Building <br />18100 E. Woodman Drive (NW corner of E-470 and Parker Road) <br />Parker, CO 80138 <br />Phone: 303-841-4627 <br /> <br />A G E N D A <br /> <br /> <br /> <br /> <br /> <br /> <br />AgendaNov07.pdf <br /> <br />AgendaNov07_Amended.doc <br /> <br /> <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 August 17, 2007 <br /> <br />Report of the Executive Director by Assistant State Engineer Dick Wolfe <br /> <br />Staff Report by Keith Vander Horst. <br /> <br />Report of the Attorney General by Devin Odell <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 />Presentation on legislation affecting small capacity well ownership by Representative Marsha Looper, House District 19 <br />Presentation on potential amendment to the Ground Water Commission Rules to authorize compact compliance wells by Michael Shimmin <br />Selection of meeting dates and locations for 2008 <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 19, 2006 <br /> <br />Revised A G E N D A (cont.) <br /> <br /> <br /> <br /> <br />NOTICE OF GENERAL MEETING OF THE <br />COLORADO GROUND WATER COMMISSION <br /> <br />10:00 a.m., Friday, November 16, 2007 <br /> <br />Parker Water & Sanitation District <br />North Reclamation Facility Administration Building <br />18100 E. Woodman Drive (NW corner of E-470 and Parker Road) <br />Parker, CO 80138 <br />Phone: 303-841-4627 <br /> <br />AMENDED AGENDA <br /> <br /> <br /> <br /> <br /> <br /> <br />AgendaNov07_Amended.pdf <br /> <br />AGReport2007-11-16.docATTORNEY GENERAL’S REPORT <br /> <br />Cases involving the Colorado Ground Water Commission <br />November 16, 2007 <br /> <br />The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of November 5, 2007. <br /> <br /> <br />cherokee metropolitan District Case No. 98 CW 80 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Dennis Maes, Water Judge Attorney: Jennifer <br /> Mele <br />Subject: The Cherokee Metropolitan District filed a motion to interpret a stipulation regarding the 8 Sweetwater Wells between Cherokee, the Commission, and the Upper Black Squirrel <br /> Creek Ground Water Management District. Cherokee appealed the Water Court’s decision upholding the position of the Commission that the 8 Sweetwater wells may only be used in an emergency <br /> to the Supreme Court, which affirmed the Water Court. (Opinion attached to the materials for the February, 2007 meeting.) <br /> <br />Status: On September 17, 2007 Cherokee and the District filed a stipulation resolving the contempt claim. The Stipulation prohibits pumping of the Cherokee Well Nos. 1-8 for a period <br /> of two years from July 25, 2007 to July 24, 2009 to supply water to any other user except Harding Nursery and requires Cherokee to pay $7,500 in attorney fees to the District.  On September <br /> 19, 2007 the Court approved the Stipulation and determined no further proceedings are necessary. This case is now closed. <br /> <br /> <br />WAYNE E. and frances g. booker V. Commission Case No. 04-CV-2800 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Hon. Larry Schwartz, El <br /> Paso County District Court Attorney: Pat Kowaleski <br />Subject: This case involved applications to relocate several wells. The Applicants appealed the Staff’s evaluation of their application and requested a hearing before the Commission <br /> to obtain a variance from Commission Rules. The setting of a hearing before the Hearing Officer was postponed until after the variance request hearing. The Commission denied the variance <br /> request at its February 21, 2003 meeting. A hearing in this matter was held on September 9, 2003. On September 17, 2003, the Hearing Officer issued his Initial Decision and found as <br /> follows: (1) The applications are for changes of water rights pursuant to section 37-90-111(1)(g), C.R.S. and Commission Rule 7; (2) According to Commission Rule 7.3.2, there is no <br /> water available to move to the new well locations requested by the Applicant; (3) The Applicants’ request to be excluded from the requirement of including years of non-use in their <br /> historic use analysis “for good cause” pursuant to Commission Rule 7.10.1 is denied; and (4) Because there is no water available to move, the applications are denied. The Applicants <br /> filed Exceptions to the Hearing Officer’s Initial Decision, and by order dated June 15, 2004, the Commission upheld the Initial Decision. On July 15, 2004 the Applicants appealed the <br /> Commission’s decision to the El Paso County District Court, and trial was held October 31- November 3, 2006 in Colorado Springs. By Order dated November 17, 2006, Judge Schwartz , <br /> in a de novo decision, agreed with the Commission that the well permit applications should be denied because of the Commission’s rule against “walking to water.” <br /> <br />Status: The Commission submitted its Bill of Costs, and an Order allowing Commission costs of $750 was entered, and payment has been received. This matter is now concluded. <br /> <br /> <br />appeal of rules adopted by the upper black squirrel creek ground water management district Case No. 04-CV-4457 Designated Basin: Upper Black Squirrel Management District: Upper Black <br /> Squirrel Before: Hon. Larry Schwartz, El Paso County District Court 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 /> <br />Status: A status conference was held on October 5, 2007 to determine the future course of the proceedings, and the parties concluded that the matter should be decided by motions, without <br /> the necessity for a trial. A briefing scheduled has been set, to come into effect as soon as the record is filed. <br /> <br /> <br />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 Attorney: <br /> Pat Kowaleski <br /> <br />Subject: Proposed creation of the Box Elder Creek Designated Basin <br /> <br />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 to statute, <br /> the matter will be tried de novo by the Court. The record was filed on October 3, 2007, and the matter will be scheduled for trial. <br /> <br /> <br />pioneer irrigation district Case No. 05-GW-14 Designated Basin: Northern High Plains Attorney: Devin Odell Before: Jody Grantham, Hearing Officer <br />Subject: The Pioneer Irrigation District, Colorado Board, and certain owners of the Laird Ditch (“Pioneer”) filed a Petition for Hearing with the Ground Water Commission seeking a hearing <br /> to ascertain the accuracy of the current boundaries and descriptions associated with the Northern High Plains Designated Ground Water Basin (“Basin”) for the purpose of excluding water <br /> that is allegedly tributary. In addition to de-designating the ground water, the petition sought to require wells in the Northern High Plains Designated Ground Water Basin to curtail <br /> pumping or, in some cases, cease pumping. The Commission dismissed the petition, and Pioneer appealed that decision to the district court in Yuma County. The district court remanded <br /> the matter with instructions to the Commission, which has assigned the case to its hearing officer. The hearing officer issued an order scheduling a hearing in Wray during the first <br /> three weeks in June and setting various pre-hearing deadlines to allow for discovery and pre-hearing motions. <br /> <br />Status: Pioneer’s opening disclosures, setting forth its claims and the basis for those claims, is due December 7, 2007. <br /> <br /> <br />CHEROKEE METROPOLITAN DISTRICT Case No. 05-GW-15, 16, 17 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: <br /> 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 for April 8, 9 and 11 in Colorado Springs and establishing a schedule <br /> for discovery and pre-hearing motions. <br /> <br />Status: Two motions to intervene are currently pending, and the initial disclosures of the parties are due on November 21, 2007. <br /> <br /> <br />FALCON HIGHLANDS METRO DISTRICT Case No. 06-GW-24 Designated Basin: Black Squirrel Creek Management District: Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: <br /> Devin Odell <br />Subject: Falcon Highlands Metro District submitted three applications to change the place of use of Determinations of Water Rights and the Upper Black Squirrel Creek Ground Water Management <br /> District objected based, among other things, on their concern that the application would involve the export of water from the Upper Black Squirrel Designated Basin. <br /> <br />Status: The District denied the request to export water, and that decision has been appealed to district court. The Commission is not a party to that appeal, and the case before the <br /> Commission is on hold pending the outcome of the district court case. <br /> <br />APEX RANCH ESTATES, LLC Case No. 07-GW-04 Designated Basin: Kiowa-Bijou, Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: <br /> Devin Odell <br />Subject: This case involves an application for a replacement plan. The objector, Oaks Ranch, LLLP, is a landowner downstream on Kiowa Creek. <br /> <br />Status: The parties reached a settlement and the hearing officer vacated the hearing scheduled for August 22, 2007 and remanded the matter to Staff. <br /> <br /> <br />Habakkuk Case No. 07-GW-05 Designated Basin: Upper Black Squirrel, Kiowa-Bijou Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Devin <br /> Odell <br />Subject: This case involves an application for a replacement plan. The objector, Oaks Ranch, LLLP, is a landowner downstream on Kiowa Creek. <br /> <br />Status: The parties reached a settlement and the hearing officer vacated the hearing scheduled for August 22, 2007 and remanded the matter to Staff. <br /> <br /> <br />PV wATER AND SANITATION Case No. 07-GW-06 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Devin Odell <br />Subject: This case involves two applications for determination of water rights to allow the allocation of designated ground water from the Laramie-Fox Hills and Araphoe aquifers underlying <br /> 19 parcels, totaling about 4,400 acres. All or a portion of the water may be exported out of the Lost Creek Designated Basin, according to the application. <br /> <br />Status: The parties reached a settlement decreasing the amount of water the applicant will withdraw, and the hearing officer vacated the hearing set for September 19, 2007, and remanded <br /> the matter to Staff. <br /> <br />Northpoint Partners Case No. 07-GW-12, 13 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Devin Odell <br />Subject: This matter involves applications to change the type of use of two wells from irrigation use to municipal, commercial, industrial, domestic, augmentation, replacement, irrigation, <br /> stock watering, fish and wildlife purposes, recreation, residential and fire protection uses. The applications also propose changes in place of use and involve export of water out <br /> of the boundary of the Lost Creek Ground Water Management District. The District objected. <br /> <br />Status: The parties reached a settlement, and the hearing officer vacated the hearing set for November 14, 2007 and remanded the matter to Staff. <br /> <br />Chris Glover Case No. 07-GW-14 through 17 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Devin Odell <br />Subject: This matter involves applications to change the type of use of four wells from irrigation use to municipal, commercial, industrial, domestic, augmentation, replacement, irrigation, <br /> stock watering, fish and wildlife purposes, recreation, residential and fire protection uses. The applications also propose changes in place of use and involve export of water out <br /> of the boundary of the Lost Creek Ground Water Management District. The District objected. <br /> <br />Status: The parties reached a settlement, and the hearing officer vacated the hearing set for November 15, 2007 and remanded the matter to Staff. <br /> <br /> <br />pETITIONS TO amend boundaries of basin—Kroskob and Uhrick Case No. 07-GW-19 Designated Basin: Kiowa-Bijou Management District: North Kiowa-Bijou Before: Jody Grantham, Hearing Officer <br /> Attorney: Devin Odell <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. The hearing officer has set a hearing <br /> for March 25 through March 28, 2008 in Denver and scheduled a prehearing conference on December 10, 2007 in Denver, at which additional dates for discovery and pretrial motions will <br /> be established. <br /> <br />Status: The parties will file prehearing statements with the hearing officer on November 30, 2007, setting forth their claims and defenses and the basis for them. <br /> <br /> <br />Various final permits Case No. 07-GW-23 to 26, 27 to 33, 35 to 37, 43 to 46, 48 to 51 Designated Basin: Kiowa-Bijou Management District: North Kiowa-Bijou Before: Jody Grantham, <br /> Hearing Officer Attorney: Devin Odell <br />Subject: This matter involves issuance of final permits for a number of wells that had been issued conditional permits prior to 1991. The Staff published final permit notices, as required <br /> by statutes, and the District objected in a number of cases because the wells had not been included on the records of the assessor, and had therefore not paid any special assessment <br /> to the District. The District contends that the Commission should not issue final permits until the well owners have paid a $500 fee under its rules. <br /> <br />Status: A prehearing conferences in 07GW23 to 26, 48 to 50 has been set for December 11, 2007. A prehearing conference in 07GW 27 to 37 (except 34) has been set for December 10, 2007. <br /> A prehearing conference in 07GW43 to 46 and 51 has been set for December 10, 2007. <br />