DWR_3348282

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 8/16/2002
• Subject: MEETING MATERIALS

that the staff review the applications as they come in and decide how specific it is until they get further direction. If it is speculative or questionable, deny it and it would come
to the Commission for a decision. In the interim, the judge’s decision will be applied. Mr. Simpson stated that prior to the next meeting, the staff put in writing, the criteria that
they are operating under for review and approval at the next meeting. Also, if the judge’s decision has a misinterpretation on the decision regarding final permits, where there is
a conditional determination of water right that they don’t believe exists, and there is a provision that a well permit has to be issued within one year of determination and it is a
statutory criteria, it will need to be clarified by the court. In an appeal, the Commission will take the position of being supportive of the anti-speculation doctrine applying in
the Denver Basin aquifers.

Discussion on Whether to Require Historic Use Analysis and/or Administration for Rotational Acres by Suzanne Sellers – Ms. Sellers distributed a memo regarding the current status of
rotational acres. Ms. Sellers reported that the staff’s recommendation is to take a poll of each Ground Water Management District on whether they want to limit the wells to historic
use or increase meter administration.

Staff Report by Suzanne Sellers and Megan Sullivan - Ms. Suzanne Sellers presented the Staff Activity Report for the last quarter. She reported on the applications, objections/hearings,
enforcement items and actions, and other miscellaneous items. She welcomed Eric Thoman back to the Designated Basin staff and stated that Ms. Ioanna Comanicui has transferred to the
Division 1 Team. Ms. Sullivan reported on the final permitting for the last quarter. She reported that the phone call process will begin soon to alert well owners that a request for
information packet will be arriving by mail. Both of these reports were included in the Commissioners’ packets.

Report of the Attorney General by Matthew Poznanovic - Mr. Matt Poznanovic stated that the report which provides a summary of the matters that the Attorney General’s Office is involved
in was included in the packets, and reported that the next hearing on the Larry Ride case will be July 24 and 25.

Management District Reports - Chairman Mikita called for the Management District reports.

Mr. Aaron Nein reported from the Frenchman, Sandhills, Marks Butte and Central Yuma Ground Water Management Districts. Mr. Nein reported on Ben Saunders’ condition. He stated that
Ben is doing well and has almost fully recovered from the sores and leg amputation. He reported that he and Ben performed water nitrate sampling at the Community Firehall in Wages.
It has been dry throughout their four districts, however, substantial rainfall occurred in the past few days. Mr. Nein stated that Mr. Harry Blecha will step down from board on the
Sandhills District after serving for 36 years. The Central Yuma District is in the process of developing a policy for under-appropriated wells similar to that in the Frenchman and
Marks Butte districts where under-appropriated well administration will continue.

There were no reports from the W-Y Ground Water Management District or the Arikaree Ground Water Management District.

Mr. Stan Murphy, from the Plains and East Cheyenne Management Districts, reported on the dry conditions, neighbors reporting stolen water, and the water tables going down.

Mr. Max Smith reported for the Southern High Plains Ground Water Management District and stated that they had only 2.65 inches of moisture since September of 2001, and he has never seen
it this dry. Everyone in his district has already pumped water to get a crop established.

There was no report from the North Kiowa-Bijou Ground Water Management District.

Mr. Andy Jones, from the Upper Black Squirrel Creek Ground Water Management District, reported that the District passed a new set of rules and extended an offer to the Commission members
to provide him with contact information and he will pass them around. With regard to the MOU that Lost Creek, Upper Black Squirrel and others are developing, Mr. Jones invited the
other districts to review the draft and get in process if they are interested.

There was no report from the Upper Big Sandy Ground Water Management District.

Ms. Sheryl Wailes, from the Lost Creek Ground Water Management District, reported that they recently had moisture.

Old Business – Providing Commission Meeting Packets to Ground Water Management District Members – Ms. Suzanne Sellers stated that at the last meeting, Mr. Fronczak reported on the packets
that the staff assembles for the districts. Copies are currently made for the managers and members and are available for pick up during the meeting. It was decided that the staff
will make only one copy and mail it to each manager in the districts, and the managers will make the packets available to their board to save on copying costs.

New Business – Location of August 16, 2002 Commission Meeting – Ms. Marta Ahrens reported on several locations and costs. Commissioner Huwa made motion to hold the August meeting in
Steamboat Springs. The motion was seconded by Commissioner Castle and approved unanimously.

Mr. Bill Fronczak stated that Commission direct the staff to ask the Attorney General’s Office to write a legal opinion on what the Commission can and cannot do with regard to enforcement
and adoption of district rules. The example Mr. Fronczak provided was that if a district were to pass a rule for a change of water right, whether the Commission is bound to look at
the rule and enforce it. It was agreed unanimously by the Commissioners to obtain an Attorney General opinion regarding Commission involvement of district rules.

Next Meeting - The next meeting is scheduled for Friday, August 16, 2002, at the Sheraton Hotel in Steamboat Springs, Colorado. Information on a tour and dinner on Thursday, August
15, will be forthcoming.

The meeting adjourned at 3:35 p.m.

Respectfully submitted,

Marta Ahrens
Secretary to the Ground Water Commission

Ground Water Commission Meeting Page 6
February 22, 2002

PacketDistrictAug02.doc

STATE OF COLORADO
GROUND WATER COMMISSION
Division of Water Resources
Department of Natural Resources

1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone [phone]
FAX [phone]
Bill Owens
Governor

Greg E. Walcher
Executive Director, DNR

Hal D. Simpson, P.E.
Executive Director