DWR_3348287

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 8/20/2010
• Subject: MEETING MATERIALS

He then informed the Commission that his client would have applied for irrigation wells twenty years ago except that they were told that the basin is closed to new appropriations.
Mr. Shimmin discussed the applicant’s model showing 54% depletion in 100 years, commented on the findings of the Hearing Officer and the concept of economically recoverable water.
He concluded with the opinion that past policy of the Commission favoring economic development did not equal long term sustainability.
Mr. Mike Browning, attorney, representing Equus Farms addressed the Commission. He discussed operational policies especially as they relate to ground water management and sustainability.
Mr. Kent Kingsbury, a local rancher spoke in favor of the petition.
The parties were afforded five minutes for rebuttal testimony.
Mr. Kahn, Mr. Larson and Ms. Mele answered questions of the Commission.
Mr. Floyd Chapin, Ms. Dee Carpenter, local residents provided comments in support of the petition.
Mr. Andy Jones, Attorney for Lost Cree Ground Water Management District, stated that the District supports the petition.
Mr. Scott Steinbrecher briefed the Commission on their options and procedures at this time.
Commissioner Huwa moved to close the hearing.
Commissioner Clever seconded the motion which passed unanimously.
The hearing was closed.
Commissioner Clever moved that the Ground Water Commission approve the statement of basis and purposes, find that the Hay Gulch subdivision within the Lost Creek Designated Ground Water
Basin is over appropriated and amend Rule 5.2.5.2 as proposed.
Commissioner Mikita seconded the motion.
After clarification of the motion and comments of the Commissioners the motion passed unanimously.
Chairman Coryell called for agenda item no. 7, the staff report.
Mr. Keith Vander Horst, representing staff, went over the items in the handout. He noted that he was in the process of filling vacant positions on the team which will lead to increased
activity with the final permitting. Mr. Vander Horst cited the CREP and EQUIP programs as the primary reason for the cancellation of 56 permits in the Northern High Plains.
Looking at pending hearings, he reported that the Weld County District Court has remanded the Gallegos case to de-designate a portion of the Upper Crow Creek Basin back to the Commission.
The fact finding hearing on the Lost Creek Land and Cattle petition to make the northern portion of Lost Creek over appropriated has been scheduled for September and will come before
the Commission in November. The fact finding hearing for creation of the Spring Creek Basin has been rescheduled for January. The Upper Big Sandy Ground Water Management District
rule change fact finding hearing is scheduled for June and will come before the Commission in August.
As to enforcement action there have been several show cause letters sent regarding well operation, irrigated acreage and the plugging of cancelled permits.
Mr. Vander Horst concluded his presentation with the report of Ms. Megan Sullivan covering activities of the well measurement team. Of the 350 notices of violations and orders to comply
sent in February approximately 95% of the owners have responded. The remaining letters were undeliverable and staff will follow up to determine the current owner and address. The
owners and testers of th<e 200 meter verifications tests that failed will receive notice of the failure. Staff is in the process of reviewing over 2000 annual diversion reports for
2009. Of those, discrepancies have been found in approximately 30% which will be returned for additional information. A notice of violation will be sent to those well owners that
did not comply with the rules and submit annual diversion records.
Mr. Vander Horst responded to a question of Chairman Coryell regarding the Gallegos case.
Chairman Coryell called for agenda item no. 8, the report of the Attorney General’s Office.
Ms. Jennifer Mele reporting for the Attorney General’s Office referred the Commission to her written report. She noted that the Cherokee lease case has been continued until August and
that the fact finding hearing for their replacement plan is continued due to questions of jurisdiction.
There were no questions for Ms. Mele.
Chairman Coryell called for agenda item no. 9, Management District Reports.
Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that planting in his districts was slowed because of significant rain fall last
month, between ¼ inch and ½ inch. He noted that he had begun the chemigation inspections for the year. Mr. Midcap also notified the Commission he has been attending meetings of the
Republican River sustainability coalition, the conservation aspect of the basin.
Mr. Jack Dowell, reporting for the W-Y GWMD advised the Commission that his district had received a half inch of rain in the last three days and that he was beginning to inspect the
chemigation systems, paying particular attention to those that failed last year.
There was no report for the Arikaree GWMD.
Mrs. Deb Daniel reporting for the Plains and East Cheyenne GWMD’s, reported that with the recent good moisture the corn is up and the pastures are greening up. She reported that the
East Cheyenne District approved measurement rules similar to those of the Republican River. Implementation will be for the northern half of the Townships to be in compliance this year
and the southern half next year.
Max Smith, reporting for the Southern High Plains GWMD stated that his district has had a cool, damp spring, that the wheat looks good and that 90% of the corn is in the ground.
There was no report for the North Kiowa Bijou GWMD.
Mr. Dave Doran reported for the Upper Black Squirrel GWMD. <He said that they too have had a cool, damp spring. He reported that their recent election went well. There is a new board
member, and a mill levy increase was approved. Unfortunately the attempt to de-Tabor the District failed. Mr. Doran stated that the State was very helpful in dealing with a pollution
issue in the District. A party was using containment ponds located in the District to store over 100,000 gallons of water contaminated with heavy metals.
He informed the Commission on concerns that they have with a waste management company located just outside the basin boundaries. The primary concern now is the export of bedrock water,
circumventing District Rules. Mr. Vander Horst responded that the rule adopted last year dealt only with existing wells, not new appropriations.
There was no report for the Upper Big Sandy.

Mr. Andy Jones reporting for the Lost Creek GWMD said that there had been three inches of rain in the last month.
Mr. Stan Murphy reporting for the Republican River Water Conservation District advised the Commission that most of the easements for the pipeline are in place and progress is being made
in other areas as well. They are waiting for the results of the arbitration hearing, the decision of the Sandhills Board to allow export and he is talking with the managers of the
CREP program in relation to the wells to be utilized for the pipeline.
Chairman Coryell called for agenda item no. 10, old business. There was none.
Chairman Coryell called for agenda item no. 11, new business. There was none.
Chairman Coryell called for agenda item no. 12, public comment. There was none.
There being no further business before the Commission, the meeting adjourned.
Respectfully submitted,
Richard A Nielsen, P.E.
Secretary to the Ground Water Commission
Ground Water Commission Meeting MinutesPage 3
May 21, 2010
MinutesOf2010-05_Draft.pdf
PacketMemo2010August.docx
</w:t></w:r><w:r><w:rPr><w:rFonts w:ascii="STATE OF COLORADO
GROUND WATER COMMISSION
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone [phone] </w:t></w:r></w:p><w:p w:rsidR="00707
FAX [phone]
Bill Ritter, Jr.
Governor
Mike King
Executive Director, DNR
Dick Wolfe, P.E.
Executive Director
August 6, 2010
MEMORANDUM
TO: Ground Water Commission Members
FROM: Keith Vander Horst, Designated Basins Team
SUBJECT: Upcoming Ground Water Commission Meeting
The upcoming Ground Water Commission meeting is scheduled for 10:00 a.m. on Friday, August 20, 2010, at the Town of Castle Rock Council Chambers, 100 N. Wilcox, 2nd Floor, Castle Rock,
CO 80104. Please find herein enclosed the following:
Meeting agenda
Minutes of the last Commission meeting, Agenda Item No. 3
Staff Activity Report, Agenda Item No. 8.
Along with response to request in May meeting to address, in Determination of Water Rights approvals, those GWMD rules that limit export from a GWMD.
Attorney General’s Report, Agenda Item No. 9
Hearing Officer's Report
RRWCD handout concerning the RRWCD Board Member from the Commission, Agenda Item 12
The briefs of the parties and other documents of record for the following hearings are being provided to you by the Hearing Officer at:
ftp://dwrftp.state.co.us/dwr/hearings/ftp://dwrftp.state.co.us/dwr/hearings/
Agenda Item 5) Hearing on a petition by the Upper Big Sandy Ground Water Management District to amend Rules 5.2.7.1 and 5.2.7.2. Case no. 09-GW-29.
Agenda Item 6) Hearing of an appeal by Cherokee Metropolitan District to the Hearing Officer’s Findings of Fact, Conclusions of Law and Initial Decision regarding applications for Determinations
of Water Rights to ground water from the Laramie-Fox Hills, Arapahoe, and Denver Aquifers. Case nos. 05-GW-15, 16, & 17.
Agenda Item 7) Hearing on a request by Yuma Ethanol, LLC, for a variance to Rules 7.7.2 and 7.10.2
Please contact myself or Rich Nielsen if there are any questions.
cc:Commission Staff
Designated Ground Water Management Districts

Memorandum
Upcoming Commission Meeting
Page 2
Upcoming Ground Water Commission MeetingPage 2
August 6, 2010
DENNIS W. CORYELL, CHAIRMAN, Burlington; COREY M. HUWA, VICE-CHAIRMAN, Roggen; GRANT H. BLEDSOE, Wray; VIRGIL VALDEZ, Alamosa;
C. MAX SMITH, Walsh; CAROLYN F. BURR, Denver; LARRY W. CLEVER, Grand Junction; EARNEST L. MIKITA, Calhan; GEORGE H. SCHUBERT, Calhan
PacketMemo2010August.pdf
QRTSTAT-2010August.xlsQRTSTAT.XLS
Print_Area_MI
TABLE 1
DESIGNATED BASINS BRANCH
QUARTERLY ACTIVITY REPORT
C.R.S. 37-90-
BASIN
RECEIVED
ISSUED
KIOWA BIJOU
LOST CREEK
CAMP CREEK
UPPER BIG SANDY
TOTAL
SUMMARY OF APPLICATION ACTIVITY
INCOMPLETE
AP
NP
AU
AR
AD & AW
CHANGE APPLICATIONS
UPPER CROW CREEK
TOTAL RECEIVED
NEW ISSUED
REPLACE ISSUED
NEW RECEIVED
DENIED & WITHDRAWN
NORTHERN HIGH PLAINS
SOUTHERN HIGH PLAINS
UPPER BLACK SQUIRREL CREEK
RESUBMITTED
SMALL CAPACITY PERMITS
REPLACEMENT
CA
CANCELED
LARGE CAPACITY PERMITS (NEW & REPLACEMENT)
LARGE CAPACITY PERMITS
CHANGE OF WATER RIGHT
LARGE CAPACITY PERMITS,
MAY 1, 2010 THROUGH JULY 31, 2010
105.00
107.00
111.00
111.00
47.00
32.00
12.00
1.00
0.00
39.00
1.00
1.00
1.00
6.00
18.00
8.00
8.00
31.00
37.00
4.00
1.00
1.00
0.00
2.00
2.00
2.00
0.00
0.00
5.00
3.00
0.00
0.00
2.00
0.00
11.00
0.00
1.00
2.00
1.00
1.00
0.00
0.00
0.00
0.00
5.00
4.00
1.00
0.00
5.00
2.00
1.00
0.00
2.00
2.00
1.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4.00
2.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3.00
0.00
0.00
0.00
1.00
0.00
0.00
88.00
49.00
22.00
37.00
48.00
49.00
3.00
3.00
5.00
10.00
88.00
71.00
13.00
8.00
2.00
40.00
51.00
12.00
17.00
0.00
49.00
5.00
10.00
3.00
3.00
1.00

RRWCD_CommissionBoardMember.pdf
RRWCD_CommissionBoardMember.rtfREPUBLICAN RIVER WATER CONSERVATION DISTRICT

· The RRWCD members of the board shall hold their offices for terms of three years.

· A director may serve one or more terms.

· One member of the Board shall be appointed by the Colorado Ground Water Commission and shall be a member of the Colorado Ground Water Commission.

· The director appointed by the Colorado Ground Water Commission shall, at the time of appointment, reside within the district.

· The office of a director shall become vacant when the director ceases to reside in the district or is no longer a member of the Colorado Ground Water Commission.

· The term of office for the director appointed by the Ground Water Commission shall expire on the date of the regular quarterly RRWCD board meeting held in October 2007.

· Thereafter, each director shall be appointed for a term of three years, and the term shall expire on the date of the regular RRWCD quarterly meeting to be held in October of the year
that commences during the third year of the director’s term.
StaffReport_2010August.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 Ritter, Jr.
Governor

Mike King
Executive Director, DNR

Dick Wolfe, P.E.
Executive Director