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Ground Water Commission Meeting Minutes Page 2 <br /> November 15, 2024 <br /> Mr. Ullmann provided an update on the Southern High Plains Ground Water Study. <br /> $250,000 in funding for the study from the Colorado Water Conservation Board <br /> (CWCB) has been made available. The contractor selection process is in work, and the <br /> Division of Water Resources (DWR) is working with CWCB to post the scope of work for <br /> a solicitation of interested contractors on BidNet. <br /> Regarding the Colorado Supreme Court case of Parker Water and Sanitation District v. <br /> Rein, the Court has ruled in favor of the State Engineer that water users are limited <br /> to the nontributary volume of water under their land. The State Engineer is also not <br /> limited to only specifying a 1% annual withdrawal limit for nontributary water under <br /> well permits. Mr. Ullmann then read the ruling provided by the Court and summarized <br /> the Court's opinion. This case provided clarity for DWR's permitting authority with <br /> respect to volumetric limitations. <br /> DWR has proposed some legislative bills for the upcoming session, which include items <br /> to streamline well permitting. The proposed well permitting changes include <br /> modernizing well permit expiration requirements, eliminating permitting <br /> requirements for non Denver Basin bedrock aquifer wells in Designated Basins, and <br /> splitting the 10-year abandonment process into two separate groups. The proposal to <br /> split the abandonment process into two separate groups would better balance the <br /> workload for the Division Offices by directing half of the Division Office's review <br /> abandonment cases every 5 years. <br /> Regarding the consent decree for the Rio Grande River, the Supreme Court has <br /> decided in favor of the Federal Government by denying entry of the consent decree. A <br /> meeting with the new Special Master (Mr. Smith) on October 23rd provided an <br /> opportunity for Mr. Smith to hear arguments from the States. The States requested <br /> that the Special Master set a date for immediate trial. Mr. Smith communicated that <br /> he would like to attempt some mediation before a trial. Mediation was scheduled for <br /> December 10th, 11th, 12th in Washington D.C. for the three States and Federal <br /> Government to further discuss ground water pumping issues near Elephant Butte <br /> Reservoir. <br /> The Colorado River post 2026 negotiations for operations at Lake Powell and Lake <br /> Mead are ongoing. A seven state solution is being pursued, but has not been <br /> accomplished yet. The Bureau of Reclamation has indicated they will be releasing a <br /> suite of alternatives to be considered during the NEPA process sometime in early <br /> December. These alternatives will determine the flow of the Colorado River at Lee's <br /> Ferry, which is the compliance point for the Compact. Becky Mitchell is representing <br /> the State of Colorado during Compact negotiations. <br /> Commissioner Noble then asked Mr. Ullmann a question regarding the proposed <br /> legislation on changes to the 10-year abandonment process. Specifically, Chairman <br /> Noble asked if the changes would take effect in 2025 or 2035. <br />