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<br />AG Report2015-8-21.docxATTORNEY GENERAL’S REPORT <br /> <br />ATTORNEY GENERAL’S REPORT <br />Cases involving the Colorado Ground Water Commission <br />August 21, 2015 <br />The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of August 7, 2015. <br />cherokee metropolitan district <br />Case No. 08-GW-71 <br /> 13SA330</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 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. UBS filed a notice of appeal on December <br /> 18, 2013 on the issue of whether Cherokee can use basin recharge as replacement water under the 1999 Stipulation between the parties. The Supreme Court has issued a decision upholding <br /> the decision of the District Court that under the 1999 Stipulation, Cherokee can use effluent as a source of replacement water in a replacement plan. <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 />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 /> 03CV1335</w:t></w:r></w <br /> 15SA118</w:t></w:r></w <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. The district court issued its decision on March 9, 2015, denying the Gallegos Family’s petition to de-designation <br /> of the basin. On April 27, 2015 the Gallegos Family filed an appeal of that order to the Supreme Court. A briefing schedule has not yet been issued by the Supreme Court. <br />meridian service metro district <br />Case No. 12-GW-10 <br /> 14SA302</w:t></w:r></w: <br />Designated Basin: Upper Black Squirrel <br />Management District: Upper Black Squirrel <br />Before: Jody Grantham, Hearing Officer <br />Attorney: Pat Kowaleski & Susan Schneider <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. The Commission upheld the Initial Decision. Meridian appealed the Commission’s decision to the district court and trial was held July 29 – 31, 2014. <br /> <The District Court held in favor of the Management District and the Commission, finding that a portion of the water claimed by Meridian is designated ground water over which the <br /> Commission has jurisdiction. Meridian has appealed the matter to the Supreme Court and the matter has been briefed and is scheduled for oral argument on September 30, 2015. <br />FRONT RANGE RESOURCESCase No. 13-GW-7 <br /> 15CV30493</w:t></w:r></w:p><w:p w:rsidR="00567999" w:rsidRDefault="00567999" w:rsidP="00567999"><w:pPr><w:rPr><w:b/><w:sz w:val="24"/ <br />Designated Basin: Lost CreekManagement District: Lost CreekAttorney: Jen Mele & Pat Kowaleski <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 was dismissed by the Commission and appealed to the district court. The matter is set for trial on June 6-16, 2015. <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 was dismissed by the Hearing Officer after the applicant presented its case at the hearing that began on January 14. <br />ARNUSCH INVESTMENTS, LLCCase No. 14-GW-7 <br />Designated Basin: Lost CreekManagement District: Lost CreekAttorney: Jen Mele <br />Subject: Applicants filed an application for a change of water rights for 16 wells. Objections were filed by Staff regarding just two of the wells, Equus Farms, Front Range Resources, <br /> Lost Creek Land & Cattle Co. LLC, PV LLC and the Lost Creek Ground Water Management District. <br />Status: This matter has been set for a four day hearing starting October 27, 2015. <br />MAGNUM FEED YARDCase No. 14-GW-8 <br />Designated Basin: North Kiowa BijouManagement District: North Kiowa BijouAttorney: Jen Mele <br />Subject: Applicants filed an application for a change in type of use on four irrigation wells. Objections were filed by Staff and the North Kiowa-Bijou Ground Water Management District. <br /> </w: <br />Status: This matter was set for a five day hearing to begin on August 2, 2015, however the parties reached a settlement just prior to trial. The case was remanded to Staff and the Findings <br /> and Orders issued. < < <br />BURNETT, JAYCase No. 14-GW-9 <br />Designated Basin: Upper Crow CreekManagement District: Attorney: Jen Mele <br />Subject: Applicants filed an application for 22 well permits from the Upper Laramie aquifer. An objection was filed by the Gallegos Family Properties. <br />Status: This matter was set for a hearing in November, 2015 however the applicant has withdrawn the application. <br />WC RESOURCESCase No. 15-GW-1 <br />Designated Basin: Lost CreekManagement District: Lost CreekAttorney: Jen Mele <br />Subject: Applicants filed an application for a change in place of use and type of use for two wells. Objections were filed by the Lost Creek Land and Cattle Co., Equus Farms, Inc., <br /> AG Water Alliance, Staff and the Lost Creek Ground Water Management District. <br />Status: This matter has been set for a five day hearing starting December 14, 2015. <br />BEEDY, RAYMOND, STEVE AND GARYCase No. 15-GW-2 <br />Designated Basin: Northern High PlainsManagement District: ArikareeAttorney: Jen Mele <br />Subject: Petition regarding Staff’s alleged erroneous interpretation of the allowed uses under two final well permits. </w:t>< <br />Status: The matter was heard by the hearing officer on March 27, 2015 and closing arguments were filed April 24, 2015. The Hearing Officer ruled in favor of Staff finding that commercial <br /> use is limited to fish rearing operations and the petitioners did not appeal that finding. < <br />BURNETT LAND & LIVESTOCK Case No. 15-GW-3 <br />Designated Basin: Upper Crow CreekManagement District: Attorney: Jen Mele <br />Subject: Applicants filed an application for appropriations from the White River aquifer. An objection was filed by the Gallegos Family Properties. <br />Status: A hearing was set for January, 2016 however the applicant has withdrawn the application. < <br />BOOKER, WAYNE E. Case No. 15-GW-4 <br />Designated Basin: Upper Black Squirrel CreekManagement District: Upper Black Squirrel CreekAttorney: Jen Mele <br />Subject: Applicants filed an application for determination of water rights. An objection was filed by the Meridian Service Metropolitan District. <br />Status: A setting conference was set for July 16, 2015, however Meridian has withdrawn its objection and the matter has been remanded to Staff. <br />Axton (Rocky Mountain Roosters) Case No. 15-GW-5 <br />Case No. 15-GW-6 <br />Designated Basin: Kiowa BijouManagement District: North Kiowa Bijou Attorney: Jen Mele <br />Subject: Applicants filed an application for determination of water rights and a replacement plan. Objections were filed by the North Kiowa Bijou Ground Water Management District, <br /> Earnest Mikita, Robert Alexander, Joe Eurich, Vincent & Jacqueline Eurich, Harold Eurich, Alvin Eurich, Darrel & Carol Dutro, Bob Pemberton and E. Scott Mikita. <br />Status: A status conference is set for October 6, 2015. <br />Deterding, Brent and Brad Case No. 15-GW-7 <br />Designated Basin: Northern High PlainsManagement District: Central YumaAttorney: Jen Mele <br />Subject: Applicants filed an application for a change in description of irrigated acres. Objections were filed by Marion and Hazel Chapman and Greg Stults. <br />Status: A prehearing conference is set for September 16, 2015. <br />Garner, Robert L., et al. Case No. 15-GW-8 <br />Designated Basin: Upper Black Squirrel CreekManagement District: Upper Black Squirrel CreekAttorney: Jen Mele <br />Subject: Applicants filed an application for a change in type of use and place of use for two wells. Objections were filed by the Upper Black Squirrel Creek Ground Water Management <br /> District, JT Jonson Properties, Farmer Objectors and Wayne Booker. <br />Status: A setting conference is set for Aug. 11, 2015. <br />Preston Ranch Ministries Case No. 15-GW-9 <br />Designated Basin: Lost Creek <br />Management District: Lost Creek <br />Attorney: Jen Mele <br />Subject: Applicants for determination of water right for Denver Basin water with the Laramie Fox-Hills aquifer. An Objection was filed by the Lost Creek Land and Cattle Company. <br />Status: This matter is scheduled for a setting conference on August 26, 2015. <br />Cherokee Metro. Dist. v. Ground Water Case No. 15CW3028</w:t></w:r><w:r><w:rPr><w:b/>Commission and Upper Black Squirrel Ground Water Management Dist. <br />Designated Basin: Upper Black Squirrel CreekManagement District: Upper Black Squirrel CreekAttorney: Jen Mele <br />Subject: Cherokee Metropolitan District has filed a Declaratory Judgment Action in District Court seeking a determination from that court as to the legal uses of Cherokee Well Nos. <br /> 1-8, specifically a finding that those wells can legally be used both inside and outside the designated basin and that irrigation use is not limited to the acreage that was specified <br /> in the statement of claim filed with the original application. Defendants filed a Motion to Dismiss, arguing that the Ground Water Commission has jurisdiction over this determination <br /> since the subject rights are designated ground water. <br />Status: The plaintiff’s response on the motion to dismiss is due August 17, 2015. <br />7 <br />6 <br />AG Report2015-8-21.pdfATTORNEY GENERAL’S REPORT <br /> ATTORNEY GENERAL’S REPORT Cases involving the Colorado Ground Water Commission August 21, 2015 The listing below summarizes matters in which the Office of the Attorney General represents <br /> the Colorado Ground Water Commission as of August 7, 2015. CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-71 13SA330 Designated Basin: Upper Black Squirrel Creek Management <br /> District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer and District Court Attorney: Jen Mele Subject: An application for approval of a replacement plan to <br /> 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. A hearing was held for <br /> two weeks in Denver beginning on June 8, 2009 during which the applicants completed their initial presentation and the objectors began their presentations. An additional week of hearing <br /> 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, subject to further negotiations <br /> and amendment of the proposed 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 <br /> 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 to determine whether <br /> 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 June 17, 2013 the Court <br /> found that neither Cherokee nor Meridian is prohibited from claiming wastewater return credits for its replacement plan. UBS filed a notice of appeal on December 18, 2013 on the issue <br /> of whether Cherokee can use basin recharge as replacement water under the 1999 Stipulation between the parties. The Supreme Court has issued a decision upholding the decision of the <br /> District Court that under the 1999 Stipulation, Cherokee can use effluent as a source of replacement water in a replacement plan. CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-78 <br /> 09-GW-15 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele <br /> 2 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 <br /> with 08GW71. Status: See above. MERIDIAN SERVICE METRO DISTRICT Case No. 09-GW-11 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody <br /> Grantham, 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 <br /> has been 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 issues in Case No. 98CW80 as <br /> described above for Cherokee Metro District’s replacement plan. GALLEGOS, REINALDO, ET AL Case No. 03-GW-06 03CV1335 15SA118 Designated Basin: Upper <br /> Crow Creek Management District: Before: District Court Attorney: Pat Kowaleski 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 <br /> wells 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 <br /> held 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 <br /> surface 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 <br /> effect 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 <br /> was filed with the Commission on August 11, 2010. Status: A trial was held starting on February 24, 2014 and lasting 7.5 days. The district court issued its decision on March 9, <br /> 2015, denying the Gallegos Family’s petition to dedesignation of the basin. On April 27, 2015 the Gallegos Family filed an appeal of that order to the Supreme Court. A briefing schedule <br /> has not yet been issued by the Supreme Court. 3 MERIDIAN SERVICE METRO DISTRICT Case No. 12-GW-10 14SA302 Designated Basin: Upper Black Squirrel Management District: <br /> Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Pat Kowaleski & Susan Schneider Subject: An application for junior surface and storage rights was filed in <br /> water court (10CW95), however objectors argue that the claimed water is actually designated ground water since if not for the diversion, it would recharge the basin. Since only the <br /> Commission has the authority to decide when water is designated basin water, the matter is now before the Commission to make this determination. Status: The hearing was held January <br /> 22 - 24, 2013 before the Hearing Officer. The Hearing Officer issued the Initial Decision of the Hearing Officer on April 25, holding that the applicant must determine what portion <br /> of the water claimed in the water court application historically contributed to the water supply of the designated basin and subtract that out from the surface water claim. The Commission <br /> upheld the Initial Decision. Meridian appealed the Commission’s decision to the district court and trial was held July 29 – 31, 2014. The District Court held in favor of the Management <br /> District and the Commission, finding that a portion of the water claimed by Meridian is designated ground water over which the Commission has jurisdiction. Meridian has appealed the <br /> matter to the Supreme Court and the matter has been briefed and is scheduled for oral argument on September 30, 2015. FRONT RANGE RESOURCES Case No. 13-GW-7 <br /> 15CV30493 Designated Basin: Lost Creek Management District: Lost Creek <br /> Attorney: Jen Mele & Pat Kowaleski Subject: Front Range Resources filed for a replacement plan. Objections were filed by Equus Farms Inc., Lost Creek Land and Cattle Company and <br /> the Lost Creek Ground Water Management District. Status: The matter was dismissed by the Commission and appealed to the district court. The matter is set for trial on June 6-16, <br /> 2015. MERIDIAN SERVICE METRO. DIST. Case No. 14-GW-2 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Attorney: Jen Mele 4 Subject: Applicants <br /> 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 Squirrel Ground Water <br /> Management Dist. Status: The matter was dismissed by the Hearing Officer after the applicant presented its case at the hearing that began on January 14. ARNUSCH INVESTMENTS, <br /> LLC Case No. 14-GW-7 Designated Basin: Lost Creek Management District: Lost Creek Attorney: Jen Mele Subject: Applicants filed an application for a change of water rights for <br /> 16 wells. Objections were filed by Staff regarding just two of the wells, Equus Farms, Front Range Resources, Lost Creek Land & Cattle Co. LLC, PV LLC and the Lost Creek Ground Water <br /> Management District. Status: This matter has been set for a four day hearing starting October 27, 2015. MAGNUM FEED YARD Case No. 14-GW-8 Designated Basin: North <br /> Kiowa Bijou Management District: North Kiowa Bijou Attorney: Jen Mele Subject: Applicants filed an application for a change in type of use on four irrigation wells. Objections <br /> were filed by Staff and the North Kiowa-Bijou Ground Water Management District. Status: This matter was set for a five day hearing to begin on August 2, 2015, however the parties <br /> reached a settlement just prior to trial. The case was remanded to Staff and the Findings and Orders issued. BURNETT, JAY Case No. 14-GW-9 Designated Basin: Upper Crow <br /> Creek Management District: Attorney: Jen Mele Subject: Applicants filed an application for 22 well permits from the Upper Laramie aquifer. An objection was filed by the Gallegos <br /> Family Properties. 5 Status: This matter was set for a hearing in November, 2015 however the applicant has withdrawn the application. WC RESOURCES Case No. 15-GW-1 <br /> Designated Basin: Lost Creek Management District: Lost Creek Attorney: Jen Mele Subject: Applicants filed an application for a change in place of use and type of use for two wells. <br /> Objections were filed by the Lost Creek Land and Cattle Co., Equus Farms, Inc., AG Water Alliance, Staff and the Lost Creek Ground Water Management District. Status: This <br /> matter has been set for a five day hearing starting December 14, 2015. BEEDY, RAYMOND, STEVE AND GARY Case No. 15-GW-2 Designated Basin: Northern High Plains Management District: <br /> Arikaree Attorney: Jen Mele Subject: Petition regarding Staff’s alleged erroneous interpretation of the allowed uses under two final well permits. Status: The matter <br /> was heard by the hearing officer on March 27, 2015 and closing arguments were filed April 24, 2015. The Hearing Officer ruled in favor of Staff finding that commercial use is limited <br /> to fish rearing operations and the petitioners did not appeal that finding. BURNETT LAND & LIVESTOCK Case No. 15-GW-3 Designated Basin: Upper Crow Creek Management District: <br /> Attorney: Jen Mele Subject: Applicants filed an application for appropriations from the White River aquifer. An objection was filed by the Gallegos Family Properties. <br /> Status: A hearing was set for January, 2016 however the applicant has withdrawn the application. BOOKER, WAYNE E. Case No. 15-GW-4 Designated Basin: Upper Black Squirrel <br /> Creek Management District: Upper Black Squirrel Creek Attorney: Jen Mele 6 Subject: Applicants filed an application for determination of water rights. An objection was filed by <br /> the Meridian Service Metropolitan District. Status: A setting conference was set for July 16, 2015, however Meridian has withdrawn its objection and the matter has been remanded <br /> to Staff. Axton (Rocky Mountain Roosters) Case No. 15-GW-5 Case No. 15-GW-6 Designated Basin: Kiowa Bijou Management District: North Kiowa Bijou Attorney: Jen <br /> Mele Subject: Applicants filed an application for determination of water rights and a replacement plan. Objections were filed by the North Kiowa Bijou Ground Water Management District, <br /> Earnest Mikita, Robert Alexander, Joe Eurich, Vincent & Jacqueline Eurich, Harold Eurich, Alvin Eurich, Darrel & Carol Dutro, Bob Pemberton and E. Scott Mikita. Status: A <br /> status conference is set for October 6, 2015. Deterding, Brent and Brad Case No. 15-GW-7 Designated Basin: Northern High Plains Management District: Central Yuma Attorney: <br /> Jen Mele Subject: Applicants filed an application for a change in description of irrigated acres. Objections were filed by Marion and Hazel Chapman and Greg Stults. Status: <br /> A prehearing conference is set for September 16, 2015. Garner, Robert L., et al. Case No. 15-GW-8 Designated Basin: Upper Black Squirrel Creek Management District: Upper <br /> Black Squirrel Creek Attorney: Jen Mele Subject: Applicants filed an application for a change in type of use and place of use for two wells. Objections were filed by the Upper Black <br /> Squirrel Creek Ground Water Management District, JT Jonson Properties, Farmer Objectors and Wayne Booker. Status: A setting conference is set for Aug. 11, 2015. 7 Preston <br /> Ranch Ministries Case No. 15-GW-9 Designated Basin: Lost Creek Management District: Lost Creek Attorney: Jen Mele Subject: Applicants for determination of water right <br /> for Denver Basin water with the Laramie Fox-Hills aquifer. An Objection was filed by the Lost Creek Land and Cattle Company. Status: This matter is scheduled for a setting conference <br /> on August 26, 2015. Cherokee Metro. Dist. v. Ground Water Case No. 15CW3028 Commission and Upper Black Squirrel Ground Water Management Dist. <br /> Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Attorney: Jen Mele Subject: Cherokee Metropolitan District has filed a Declaratory <br /> Judgment Action in District Court seeking a determination from that court as to the legal uses of Cherokee Well Nos. 1-8, specifically a finding that those wells can legally be used <br /> both inside and outside the designated basin and that irrigation use is not limited to the acreage that was specified in the statement of claim filed with the original application. <br /> Defendants filed a Motion to Dismiss, arguing that the Ground Water Commission has jurisdiction over this determination since the subject rights are designated ground water. Status: <br /> The plaintiff’s response on the motion to dismiss is due August 17, 2015. <br />Agenda2015Aug.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 21, 2015 <br />Herry Andrews Training Center, Alamosa County Facilities <br />Room 221, 8900 Independence Way Alamosa, CO 81101 <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 15, 2015 <br />Report of the Executive Director by State Engineer Dick Wolfe <br />Commissioners’ Reports <br />Presentation about impact of Division 3 Well Use Rules on local water users, by Division 3 Engineer Craig Cotton <br />Staff Report by Keith Vander Horst <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. 13 for discussion in Executive Session <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 Carey Barnes <br />Southern High Plains GWMD by Blake Gourley <br />North KiowaBijou GWMD by Robert Loose <br />Upper Black Squirrel Creek GWMD <br />Upper Big Sandy GWMD by Dave Taussig <br />Lost Creek GWMD by Thomas Sauter <br />Upper Crow Creek Basin by Dan Loyd <br />Republican River Water Conservation District by Deb Daniel <br />Old Business <br />Update on formation of a GWMD in Upper Crow Creek <br />