DWR_4437479

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 11/15/2024
• Subject: Meeting Minutes

Ground Water Commission Meeting Minutes Page 11
November 15, 2024
injury from the proposed new wells.
Chairman Arnusch then asked if there were any additional comments. There were no
additional comments, and Chairman Arnusch closed the public comment portion of
the variance hearing.
Commissioner Keeler commented that he believes there is a reason for the rule in
question, and he believes in the purpose of the rule.
Commissioner Tietmeyer commented that he is not convinced that the standard of
unusual hardship was demonstrated.
Commissioner Pautler commented that the request before the Commission is difficult
to separate from the pending replacement plan that will need to be reviewed at a
later date.
Commissioner Payne commented that if the variance request were denied, that would
have an impact on how the replacement plan is structured.
Ms. Mele reminded the Commission that the issue at hand is related to the variance
only, and that should be the focus of discussion.
Commissioner Noble commented that granting the variance would seem to implicate
that no other action would be needed to protect other water users as a result of this
application. The variance request seems to have been presented as a binary choice,
which is concerning.
Chairman Arnusch agreed that he is also struggling with the merits of going through
the exercise of pumping the replacement water, measuring it, and injecting it back
into the aquifer vs. leaving the replacement water in the aquifer. Chairman Arnusch
stated that he is also contemplating if the unusual hardship standard has been met.
Commissioner Diaz asked for clarification if the variance will be granted at the
location of well permit no. 21858-FP.
Ms. Mele affirmed that this would be the location for the proposed variance.
Commissioner Pautler mentioned that he questions the unusual hardship component
of the variance request.
Chairman Arnusch asked the Commission to contemplate if it is an unusual hardship to
be required to pump the replacement water from the aquifer and inject it back into
the aquifer, or is it more efficient and intelligent to leave the water in the aquifer.
Commissioner Tietmeyer commented that in his view, an example of an unusual
hardship would be a situation where someone was put out of business if required to