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<br />AG Report2014-8-15.docxATTORNEY GENERAL’S REPORT <br /> <br />ATTORNEY GENERAL’S REPORT <br />Cases involving the Colorado Ground Water Commission <br />August 15, 2014 <br />The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of August 1, 2014. <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 and District Court <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. This case was consolidated with change cases 08GW78 and 09GW15, and the trial <br /> was set to continue in January 2010 <br />Status: 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 asking the court <br /> 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 plan. On <br /> June 17, 2013 the Court found that neither Cherokee nor Meridian is prohibited from claiming wastewater return credits for its replacement plan. Those orders were held to be final <br /> appealable orders on October 31, 2103. UBS filed a notice of appeal on December 18, 2013 on the issue of whether Cherokee can use basin recharge as replacement water under the 1999 <br /> Stipulation between the parties. Meridian filed a notice of cross-appeal on December 27, 2013 on the procedural issue of whether the water court can hold up the replacement plan pending <br /> in front of the Commission pending resolution of the issues before the 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 issues in case no. 98CW80 as described above for Cherokee Metro District’s replacement plan. <br />Gallegos, Reinaldo, et al <br />Case No. 03-GW-06 <br />Designated Basin: Upper Crow Creek <br />Management District: <br />Before: District Court <br />Attorney: Pat Kowaleski <br />Subject: Petition to de-designate 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, using information that was not before the Commission at the time of designation, that pumping of the designated ground water has more than a de minimis effect <br /> on the surface rights and is causing injury to those rights. The matter was remanded to the Commission, and this petition to de-designation a portion of the designated basin was filed <br /> with the Commission on August 11, 2010. <br />Status: A trial was held starting on February 24, 2014 and lasting 7.5 days. As of July 7, 2014 closing arguments have been filed and the parties await a judgment from the court. <br /> < <br />WILLIAM GREATHOUSE <br />Case No. 11-GW-06 <br />Designated Basin: Southern High Plains <br />Management District: <br />Before: Jody Grantham, Hearing Officer <br />Attorney: Jen Mele <br />Subject: Application for final permit. Applicant does not agree with Staff’s assessment of the amount of irrigated land associated with the permit. <br />Status: This matter is stayed while applicant applies for supplemental permit for the additional acreage. <br />meridian service metro district <br />Case No. 12-GW-10 <br />Designated Basin: Upper Black Squirrel <br />Management District: Upper Black Squirrel <br />Before: Jody Grantham, Hearing Officer <br />Attorney: Jen Mele & Pat Kowaleski <br />Subject: An application for junior surface and storage rights was filed in water court (10CW95), however objectors argue that the claimed water is actually designated ground water since <br /> if not for the diversion, it would recharge the basin. Since only the Commission has the authority to decide when water is designated basin water, the matter is now before the Commission <br /> to make this determination. <br />Status: The hearing was held January 22 - 24, 2013 before the Hearing Officer. <The Hearing Officer issued the Initial Decision of the Hearing Officer on April 25, holding that the <br /> applicant must determine what portion of the water claimed in the water court application historically contributed to the water supply of the designated basin and subtract that out <br /> from the surface water claim. An appeal of the Initial Decision was submitted to the Commission and the Commission upheld the Initial Decision. Meridian has appealed the Commission’s <br /> decision to the district court. <Trial was held July 29 – 31, 2014, and closing arguments have not yet been submitted by the parties. < <br />FRONT RANGE RESOURCESCase No. 13-GW-5 <br />Designated Basin: Lost CreekManagement District: Lost CreekAttorney: Jen Mele <br />Subject: Front Range Resources filed for a change in place of use. Objections were filed by Equus Farms Inc. and Lost Creek Land and Cattle Company. <br />Status: The matter is set for a hearing on August 25, 2014 before the hearing officer. <br />FRONT RANGE RESOURCESCase No. 13-GW-7 <br />Designated Basin: Lost CreekManagement District: Lost CreekAttorney: Jen Mele <br />Subject: Front Range Resources filed for a replacement plan. Objections were filed by Equus Farms Inc., Lost Creek Land and Cattle Company and the Lost Creek Ground Water Management <br /> District. <br />Status: The matter is set for a 15 day trial starting February 23, 2015 before the hearing officer. <br />GOURLEY, BLAKE & CHELSEACase No. 14-GW-1 <br />Designated Basin: Southern High PlainsManagement District: <Southern High PlainsAttorney: Jen Mele <br />Subject: Applicants filed an application for a new well. Objections were filed by Don and Morgan Foster. <br />Status: The Morgans’ objection is based on alleged injury a small capacity livestock well more than one mile from the subject well. Because under the Rules spacing requirements are <br /> one half mile, and because the Rules direct Staff to look at injury to large capacity wells not small capacity wells when considering permit applications for large capacity wells, Staff <br /> filed a motion for summary judgment asking the hearing officer to dismiss the matter and remand to Staff for issuance of the permit. Any responses to the motion are due August 8 and <br /> a reply would be due August 15. <br />MERIDIAN SERVICE METRO. DIST.Case No. 14-GW-2 <br />Designated Basin: Upper Black SquirrelManagement District: Upper Black SquirrelAttorney: Jen Mele <br />Subject: Applicants filed an application for six new wells, which are French drains that were discussed in Case No. 12-GW-10. Objections were filed by Staff, Farmers and Upper Black <br /> Squirrel Ground Water Management Dist. <br />Status: The matter is set for a hearing January 14 – 16, 2015. <br />GARDNER, JAMES T. (deceased)Case No. 14-GW-3 <br />Designated Basin: Upper Black SquirrelManagement District: Upper Black SquirrelAttorney: Jen Mele <br />Subject: Application for a change in description of irrigated acres. An objection was filed by the Upper Black Squirrel Creek Ground Water Management District. < < <br />Status: The matter is set for a status conference on August 12, 2014. <br />MERIDIAN SERVICE METRO. DIST.Case No. 14-GW-4 <br />Designated Basin: Upper Black SquirrelManagement District: Upper Black SquirrelAttorney: Jen Mele <br />Subject: Applicants filed an application for a change in place of use for eight Determinations of Water Right. The Colorado State Board of Land Commissioners filed an objection. <br /> <br />Status: A setting conference is scheduled for August 5, 2014. <br />6 <br />6 <br />AG Report2014-8-15.pdfATTORNEY GENERAL’S REPORT <br /> ATTORNEY GENERAL’S REPORT Cases involving the Colorado Ground Water Commission August 15, 2014 The listing below summarizes matters in which the Office of the Attorney General represents <br /> the Colorado Ground Water Commission as of August 1, 2014. CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-71 Designated Basin: Upper Black Squirrel Creek Management District: Upper <br /> Black Squirrel Creek Before: Jody Grantham, Hearing Officer and District Court Attorney: Jen Mele Subject: An application for approval of a replacement plan to make new appropriations <br /> from the alluvial aquifer within the basin. Objections were submitted by the District, along with four other water users in the basin. A hearing was held for two weeks in Denver beginning <br /> on June 8, 2009 during which the applicants completed their initial presentation and the objectors began their presentations. An additional week of hearing scheduled for August 3 <br /> through 7, 2009 was vacated following a ruling from the Division 2 Water Court regarding Cherokee’s use of some of its wells, subject to further negotiations and amendment of the proposed <br /> replacement plan. This case was consolidated with change cases 08GW78 and 09GW15, and the trial was set to continue in January 2010 Status: In November of 2009, the Upper Black Squirrel <br /> Creek Ground 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 <br /> water as recharge for the basin or if that waste water can be claimed as replacement credit under a replacement plan. On June 17, 2013 the Court found that neither Cherokee nor Meridian <br /> is prohibited from claiming wastewater return credits for its replacement plan. Those orders were held to be final appealable orders on October 31, 2103. UBS filed a notice of appeal <br /> on December 18, 2013 on the issue of whether Cherokee can use basin recharge as replacement water under the 1999 Stipulation between the parties. Meridian filed a notice of cross-appeal <br /> on December 27, 2013 on the procedural issue of whether the water court can hold up the replacement plan pending in front of the Commission pending resolution of the issues before the <br /> court. CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-78 09-GW-15 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: <br /> Jody Grantham, Hearing Officer 2 Attorney: Jen Mele Subject: Applications to change the type and place of use of wells. Objections were submitted by the District and other water <br /> 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 Squirrel Creek Management <br /> District: 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. <br /> An 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 <br /> Metropolitan District, and09GW03, another application for determination of water right (discussed below). This motion was denied by the hearing officer. Status: The hearing officer <br /> 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: Upper Black Squirrel Creek <br /> Before: Jody Grantham, Hearing Officer Attorney: Subject: This case involves the determination of water right in the Laramie-Fox Hills aquifer. An objection was filed by Cherokee <br /> Metropolitan District. The applicant moved to consolidate this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and 09GW02, <br /> another application for determination of water right (discussed above). This motion was denied by the hearing officer. Status: The hearing officer will set the matter for a hearing. <br /> MERIDIAN SERVICE METRO DISTRICT Case No. 09-GW-11 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer 3 Attorney: <br /> 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 stayed because the water <br /> rights to be changed were for use in the replacement plan in 08GW71. The matter is stayed pending resolution of the issues in case no. 98CW80 as described above for Cherokee Metro <br /> District’s replacement plan. GALLEGOS, REINALDO, ET AL Case No. 03-GW-06 Designated Basin: Upper Crow Creek Management District: Before: District Court Attorney: Pat Kowaleski <br /> Subject: Petition to de-designate portions of the Upper Crow Creek Designated Ground Water Basin. Background: The petitioners originally sent letters to the State Engineer in <br /> 2002 and 2003 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 <br /> surface water 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 <br /> extent the holder of surface rights seeks to change a boundary of a designated basin, in which case the surface rights owner must show, using information that was not before the Commission <br /> at the time of designation, 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 <br /> remanded to the Commission, and this petition to de-designation a portion of the designated basin was filed with the Commission on August 11, 2010. Status: A trial was held starting <br /> on February 24, 2014 and lasting 7.5 days. As of July 7, 2014 closing arguments have been filed and the parties await a judgment from the court. WILLIAM GREATHOUSE Case No. <br /> 11-GW-06 Designated Basin: Southern High Plains Management District: Before: Jody Grantham, Hearing Officer Attorney: Jen Mele Subject: Application for final permit. Applicant <br /> does not agree with Staff’s assessment of the amount of irrigated land associated with the permit. Status: This matter is stayed while applicant applies for supplemental permit <br /> for the additional acreage. 4 MERIDIAN SERVICE METRO DISTRICT Case No. 12-GW-10 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, <br /> Hearing Officer Attorney: Jen Mele & Pat Kowaleski Subject: An application for junior surface and storage rights was filed in water court (10CW95), however objectors argue that <br /> the claimed water is actually designated ground water since if not for the diversion, it would recharge the basin. Since only the Commission has the authority to decide when water <br /> is designated basin water, the matter is now before the Commission to make this determination. Status: The hearing was held January 22 - 24, 2013 before the Hearing Officer. The <br /> Hearing Officer issued the Initial Decision of the Hearing Officer on April 25, holding that the applicant must determine what portion of the water claimed in the water court application <br /> historically contributed to the water supply of the designated basin and subtract that out from the surface water claim. An appeal of the Initial Decision was submitted to the Commission <br /> and the Commission upheld the Initial Decision. Meridian has appealed the Commission’s decision to the district court. Trial was held July 29 – 31, 2014, and closing arguments have <br /> not yet been submitted by the parties. FRONT RANGE RESOURCES Case No. 13-GW-5 Designated Basin: Lost Creek Management District: Lost Creek Attorney: Jen Mele Subject: <br /> Front Range Resources filed for a change in place of use. Objections were filed by Equus Farms Inc. and Lost Creek Land and Cattle Company. Status: The matter is set for a hearing <br /> on August 25, 2014 before the hearing officer. FRONT RANGE RESOURCES Case No. 13-GW-7 Designated Basin: Lost Creek Management District: Lost Creek Attorney: Jen Mele Subject: <br /> Front Range Resources filed for a replacement plan. Objections were filed by Equus Farms Inc., Lost Creek Land and Cattle Company and the Lost Creek Ground Water Management District. <br /> Status: The matter is set for a 15 day trial starting February 23, 2015 before the hearing officer. 5 GOURLEY, BLAKE & CHELSEA Case No. 14-GW-1 Designated Basin: Southern <br /> High Plains Management District: Southern High Plains Attorney: Jen Mele Subject: Applicants filed an application for a new well. Objections were filed by Don and Morgan Foster. <br /> Status: The Morgans’ objection is based on alleged injury a small capacity livestock well more than one mile from the subject well. Because under the Rules spacing requirements <br /> are one half mile, and because the Rules direct Staff to look at injury to large capacity wells not small capacity wells when considering permit applications for large capacity wells, <br /> Staff filed a motion for summary judgment asking the hearing officer to dismiss the matter and remand to Staff for issuance of the permit. Any responses to the motion are due August <br /> 8 and a reply would be due August 15. MERIDIAN SERVICE METRO. DIST. Case No. 14-GW-2 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Attorney: <br /> Jen Mele Subject: Applicants filed an application for six new wells, which are French drains that were discussed in Case No. 12-GW-10. Objections were filed by Staff, Farmers and <br /> Upper Black Squirrel Ground Water Management Dist. Status: The matter is set for a hearing January 14 – 16, 2015. GARDNER, JAMES T. (deceased) Case No. 14-GW-3 Designated <br /> Basin: Upper Black Squirrel Management District: Upper Black Squirrel Attorney: Jen Mele Subject: Application for a change in description of irrigated acres. An objection was <br /> filed by the Upper Black Squirrel Creek Ground Water Management District. Status: The matter is set for a status conference on August 12, 2014. MERIDIAN SERVICE METRO. DIST. <br /> Case No. 14-GW-4 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Attorney: Jen Mele 6 Subject: Applicants filed an application for a change <br /> in place of use for eight Determinations of Water Right. The Colorado State Board of Land Commissioners filed an objection. Status: A setting conference is scheduled for August <br /> 5, 2014. <br />Agenda2014August.docxNOTICE OF GENERAL MEETING OF THE <br /> <br />NOTICE OF GENERAL MEETING OF THE <br />COLORADO GROUND WATER COMMISSION <br />8:30 a.m., Friday, August 15, 2014 <br />Embassy Suites Hotel <br />4705 Clydesdale Pkwy <br />Loveland, CO 80538 <br />A G E N D A <br />Determine quorum <br />Review and approval of agenda items <br />Approval of Minutes for Meeting of May 16, 2014 <br />Report of the Executive Director by State Engineer Dick Wolfe <br />Commissioners’ Reports <br />Staff Report by Keith Vander Horst. <br />Report of the Attorney General by Jennifer Mele. 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. 13 in Executive Session if the Board has questions. <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 BreAnn Ferguson <br />Southern High Plains GWMD by Max Smith <br />North KiowaBijou GWMD by Robert Loose <br />Upper Black Squirrel GWMD by Tim Hunker <br />Upper Big Sandy GWMD by Dave Taussig <br />Lost Creek GWMD by Thomas Sauter <br />Upper Crow Creek Basin by Scott Tietmeyer <br />Republican River Water Conservation District by Deb Daniel <br />Old Business <br />Coordination of enforcement actions between the Commission and the Ground Water Management Districts under HB 14-1052 <br />New Business <br />Proposed statutory changes regarding “de novo” appeals of Commission decisions <br />Uses allowed under the category of commercial <br />Public Comments <br />Executive Session (if needed) <br />Adjournment <br /> <br /> <br />NOTICE OF GENERAL MEETING OF THE <br />COLORADO GROUND WATER COMMISSION <br />August 15, 2014 <br />Agenda2014August.pdfNOTICE OF GENERAL MEETING OF THE <br /> 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of May 16, 2014 4. Report of the Executive Director by State Engineer Dick Wolfe <br /> 5. Commissioners’ Reports 6. Staff Report by Keith Vander Horst. 7. Report of the Attorney General by Jennifer 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. 13 in Executive Session if the Board has questions. 8. District Reports: a. Marks Butte, <br /> 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 GWMDs by BreAnn Ferguson e. Southern <br /> High Plains GWMD by Max Smith f. North Kiowa-Bijou GWMD by Robert Loose g. Upper Black Squirrel GWMD by Tim Hunker h. Upper Big Sandy GWMD by Dave Taussig i. Lost Creek GWMD by Thomas <br /> Sauter j. Upper Crow Creek Basin by Scott Tietmeyer k. Republican River Water Conservation District by Deb Daniel 9. Old Business a. Coordination of enforcement actions between the <br /> Commission and the Ground Water Management Districts under HB 14-1052 10. New Business a. Proposed statutory changes regarding “de novo” appeals of Commission decisions b. Uses allowed <br /> under the category of commercial 11. Public Comments 12. Executive Session (if needed) 13. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 8:30 a.m., <br /> Friday, August 15, 2014 Embassy Suites Hotel 4705 Clydesdale Pkwy Loveland, CO 80538 A G E N D A <br />Agenda2014August_Draft.docxNOTICE OF GENERAL MEETING OF THE <br /> <br />NOTICE OF GENERAL MEETING OF THE <br />COLORADO GROUND WATER COMMISSION <br />8:30 a.m., Friday, August 15, 2014 <br />Embassy Suites Hotel <br />4705 Clydesdale Pkwy <br />Loveland, CO 80538 <br />A G E N D A <br />Determine quorum <br />Review and approval of agenda items <br />Approval of Minutes for Meeting of May 16, 2014 <br />Report of the Executive Director by State Engineer Dick Wolfe <br />Commissioners’ Reports <br />Staff Report by Keith Vander Horst. <br />Report of the Attorney General by Jennifer Mele. 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. 13 in Executive Session if the Board has questions. <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 BreAnn Ferguson <br />Southern High Plains GWMD by Max Smith <br />North KiowaBijou GWMD by Robert Loose <br />Upper Black Squirrel GWMD by Tim Hunker <br />Upper Big Sandy GWMD by Dave Taussig <br />Lost Creek GWMD by Thomas Sauter <br />Upper Crow Creek Basin by Scott Tietmeyer <br />Republican River Water Conservation District by Deb Daniel <br />Old Business <br />Update on coordination of enforcement actions between the Commission and the Ground Water Management Districts under HB 14-1052 <br />New Business <br />Proposed statutory changes regarding “de novo” appeals of Commission decisions <br />Uses allowed under the category of commercial <br />TENTATIVE: Request for rulemaking to address well permitting requirements for dewatering systems and/or associated recharge structures <br />Public Comments <br />Executive Session (if needed) <br /> Adjournment</ <br /> <br /> <br />NOTICE OF GENERAL MEETING OF THE <br />COLORADO GROUND WATER COMMISSION <br />August 15, 2014 <br />CommercialUseMemoToGWC.pdf <br /> 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Ground Water Commission 1313 Sherman Street, Room 821 Denver, CO 80203 <br /> August 4, 2014 To: Ground Water Commissioners From: Kevin Rein, Deputy State Engineer Re: Uses allowed under the category of commercial Initiated by requests to use wells permitted <br /> for commercial use to supply oil and gas well drilling, oil and gas well fracking operations, and construction projects, there have been discussions within our office, with input from <br /> the Attorney General’s office, about what uses a well permitted for commercial use may supply. This memorandum is to inform the Commission the position Staff is taking on what uses <br /> are going to be allowed to occur under the category of “commercial use.” Historically the State Engineer’s office, including the Staff of the Commission on behalf of the Commission, <br /> has at times issued well permits for many and various uses under the category of commercial use. However, the Staff has recently requested an opinion from the Attorney General’s Office <br /> on this question and, using legal guidance from that opinion, has determined that supplying water to uses such as oil and gas well drilling, fracking, and construction projects are <br /> all under the category of “industrial” use of water. To call an industrial use or other categories of use commercial simply because they are involved in commerce or making a profit <br /> is incorrect. The term commercial should not broadly refer to the use of water to facilitate any use or activity related either to commerce or making a profit, since such a broad definition <br /> would swallow all other beneficial uses that may be related to either commerce or making a profit, and make a specific category of commercial use meaningless. Instead, a specific category <br /> of commercial use more narrowly refers to the use of water to facilitate the purchase, sale, lease or exchange of goods or services at the place of use. The more narrow interpretation <br />