HEARING OFFICER'S REPORT Prepared for the February 22, 2013, meeting of the Colorado Ground Water Commission
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1 HEARING OFFICER'S REPORT Prepared for the February 22, 2013, meeting of the Colorado Ground Water Commission The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water Commission as of February 4, Updated/new information is indicated in bold italics. Gallegos, Reinaldo etc Designated Basin: Upper Crow Creek Case No. 03-GW-06 Date of request: 30-Apr-03 Petition to de-designate portions of the Upper Crow Ck Designated Basin Hearing Officer issued decision on March 27, Hearing on appeal scheduled for 10:00 a.m. September 5, 2012 before a special session of the Commission. Commission upheld Hearing Officer s decision. Case appealed to District Court for de novo review (see Case no. 03CV1335, Weld County District Court). Woodmen Hills Metro Dist, Case No. 03-GW-20 Date of request: 30-Oct-03 Objection to (3) three applications to appropriate designated ground water from the alluvial aquifer of Black Squirrel Creek, or its tributaries and an application for a replacement plan to prevent injury to water rights of other appropriators and allow the proposed appropriation from the alluvial aquifer. Receipt No A, B, and C. Awaiting republication and information from the Applicant. Morley Howard Investments LLC, Case No. 07-GW-02 Date of request: 01-Mar-07 Objection to three change of Determination of Water Right Applications (Receipt Nos A - C). Pending Management District s export hearing. Cherokee Metro & Meridian Svc Dist. Case No. 08-GW-71 Date of request: 15-Oct-08 Objection to an application for approval of a replacement plan to make new 1
2 appropriations from the alluvial aquifer within the Upper Black Squirrel Creek Designated Basin. Two weeks of hearing held June 8th thru June 19, Case consolidated with Case Nos. 08GW78 as well as the change case filings for well nos. 9 through 12 (09GW15). Case is presently stayed pending outcome of district court declaratory judgment proceedings on stipulation interpretation. Supreme Court issued a decision in December on the ability of Meridian to Intervene in the declaratory action regarding the stipulation in 98CW80 and indicated Meridian could intervene and remanded to water court for further action. All cases related to the replacement plan are stayed pending the outcome of a determination concerning interpretation of the stipulation as it relates to use and reuse within the basin. Cherokee Metropolitan District Case No. 08-GW-78 Date of request: 29-Dec-08 Objection to an application to change the type and place of use of Well Permit No F. See Case No. 08GW71 above. Case stayed pending resolution of declaratory judgment action in water court. Farmer, Edna I Case No. 09-GW-02 Date of request: 12-Mar-09 Objection to an application for Determination of Water Right Stayed pending outcome of Cherokee replacement plan case, Case No. 08GW71. Farmer, Daniel & Teresa Case No. 09-GW-03 Date of request: 12-Mar-09 Objection to an application for Determination for Water Right Stayed pending outcome of Cherokee replacement plan case, Case No. 08GW71. 2
3 Meridian Service Metropolitan Dist., Case No. 09-GW-11 Date of request: 15-Jun-09 Objection concerning an application to change a determination of water right Stayed pending outcome of Case No. 08GW71 (Cherokee replacement case). Cherokee Metro & Meridian Svc Dist. Case No. 09-GW-15 Date of request: 17-Nov-09 Objection to an application to change the type and place of use See 08GW71 above. Case is presently stayed pending outcome of district court declaratory judgment proceedings Front Range Resources LLC, Designated Basin: Lost Creek Case No. 11-GW-03 Date of request: 02-Mar-11 Objection to an application for determination of water right Hearing scheduled for January 17 through 19, 2012, was vacated upon motion to review data and complete modeling concerning potential change in location of boundary line for the Laramie-Fox Hills aquifer. Equus Farms and Lost Creek Management District have now been allowed to intervene. Staff prepared new modeling of the Laramie-Fox Hills aquifer and Applicant withdrew their Application. Order remanding to Staff issued November 13, 2012 and case is now closed. Greathouse, William Case No. 11-GW-06 Designated Basin: Southern High Plains Date of request: 13-May-11 Objection to the Issuance of a Final Permit Prehearing conference scheduled for August 4, At prehearing conference parties agreed to attempt to resolve the matter. Case is stayed pending outcome of negotiations. Staff sent letter to Applicant in June of 2012 and is awaiting reply. If nothing occurs within 30 days order to show cause will be forthcoming from Hearing Officer. A Prehearing Conference was held on August 4, After conferring with Staff for the Colorado Ground Water Commission ( Staff ) and the Respondent, Mr. Greathouse, it was determined that Staff will work with the Respondent to attempt to resolve this matter in a manner acceptable to both parties. Awaiting settlement. 3
4 Babcock, F. A. Case No. 12-GW-06 Designated Basin: Kiowa-Bijou Date of request: 23-Jan.-12 Objection to final permit by North Kiowa-Bijou District. Prehearing Conference set for August 9, 2012 vacated. Applicant is checking on well and its existence. Hearing Officer has set tickler to check on status by mid September and if no progress will do notice to set for hearing. Objector s attorney indicated on October 18, 2012 that they are awaiting payment from the successor to Mr. Babcock (Mr. Lane). Once received he will withdraw the objection in the case. Awaiting information from District as to status of their negotiations with permit owner. Herter, Nancy & Richard Case No. 12-GW-07 Designated Basin: Kiowa-Bijou Date of request: 23-Jan.-12 Objection to final permit by North Kiowa-Bijou District. Parties are in negotiations and Objector has until May 11, 2012 to inform the Hearing Officer if further proceedings are necessary. Hearing Officer has requested status update from Objector on July 27, Property was sold and is holding up progress on the case. Hearing Officer sent to Objector requesting status update on February 4, Meridian Service Metropolitan District Case No. 12-GW-10 Date of request: 12-Jan.-12 Referred to Hearing Officer on February 17, Case is set for hearing on January 21, 2013 through January 25, Hearing held January 22 through 24, Hearing Officer is deliberating decision. Reining, Patrick (previous owner Thompson) Case No. 12-GW-20 Designated Basin: Kiowa- Bijou Date of request: 14-Feb-12 Objection to final permit by North Kiowa-Bijou. Second minute order issued giving District until August 17, 2012 to inform the Hearing Officer if further settings in the case are needed. Objection withdrawn and case remanded to Staff on November 19, Case closed. 4
5 Eldringhoff Family LImted Partnership Case No. 12-GW-21 Designated Basin: Kiowa- Bijou Date of request: 14-Feb-12 Objection to final permit by North Kiowa-Bijou. Second minute order issued giving District until August 17, 2012 to inform the Hearing Officer if further settings in the case are needed. Hearing Officer sent to Objector and Staff requesting status of the case on February 4, Vest, Charles Case No. 12-GW-23 Designated Basin: Kiowa- Bijou Date of request: 1-March-12 Objection to final permit by North Kiowa-Bijou. Objection withdrawn and case was remanded to Staff on November 19, Case closed. Benny L. Cantrall Revocable Trust Case No. 12-GW-25 Designated Basin: Northern High Plains Date of request: 19-April-12 Objection by the Republican River Water Conservation District to an application for change in the description of acres irrigated by Permit Nos FP and FP. By letter dated May 1, 2012, the objector withdrew their objection pending terms and conditions as indicated in the letter. Applicant was to provide Hearing Officer an indication they accepted the terms set forth in the withdrawal letter by June 22, 2012 or the case would be set for a hearing. The Hearing Officer has received no indication as ordered. Staff has been requested to follow up provide the Hearing Officer with an update. Awaiting Staff update as to status. James Hume Case No. 12-GW-27 Designated Basin: Southern High Plains Date of request: 6-Sept-12 Objection by the permit owner to the issuance of final permits. Owner claims historic use for the permits as both alternate points of diversion as well as commingling. Matter is currently set for a Hearing on February 12,
6 Lost Creek Dairy, LLC Case No. 12-GW-28 Designated Basin: Lost Creek Date of request: 20-Aug-12 Objection filed by Lost Creek Designated Ground Water Management District to an application for determination of a water right from the Laramie-Fox Hills aquifer. Case is set for a Hearing on May 15 through 17, Daryl Bowin Case No. 12-GW-29 Designated Basin: Camp Creek Date of request: 18-Sept-12 Objection by Mr. Kenneth L. Wahl, P. E. to an application to construct a new well for irrigation use in the Camp Creek Designated basin. Mr. Wahl claims the well should be evaluated under 2CCR 510-1, and treated as if it were in the Northern High Plains Designated Ground Water basin and not Camp Creek. Matter was set for a hearing on March 5, Motion for Summary Judgment was granted in favor of Staff on January 10, Hearing vacated. Appeal period ends February 11, Respectfully submitted Joseph (Jody) Grantham, Hearing Officer 6
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