DWR_3348296

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 2/18/2011
• Subject: MEETING MATERIALS

Subject: Petition to create new designated ground water basin Status: On December 15, 2010, the Petitioner filed a joint motion to vacate the setting conference scheduled for
January 4, 2011. The matter will be re-set on March 15, 2011. Woodmen Hills Metro Dist, Case number: 03-GW-20 Designated Basin: Upper Black Squirrel Date of request: 30-Oct-03
Subject: 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 501564-A, B, and C.
Status: Awaiting republication and information from the Applicant. 5 Respectfully submitted ______________________________ Joseph (Jody) Grantham, Hearing Officer
HOReport2011-2-18.docx
HEARING OFFICER'S REPORT
Colorado Ground Water Commission
February 18, 2011 Meeting
The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water Commission as February 18, 2011.
Box Elder Creek Designated GW BasinCase number:06-GW-23
Designated Basin: Box Elder CreekDate of request: 03-Mar-06
Subject: <Petition to Creation of the Box Elder Creek Designated Ground Water Basin.
Status:Hearing held for nine days held in January 2007. Commission upheld decision of Hearing Officer. Decision appealed to the District Court. Case pending before District Court
<
Cherokee Metro & Meridian Svc Dist. Case number:08-GW-71
Designated Basin: Upper Black SquirrelDate of request: 15-Oct-08
Subject:Objection to an application for approval of a replacement plan to make new </appropriations from the alluvial aquifer within the Upper Black Squirrel Creek Designated Basin.
Status:Two weeks of hearing held June 8th thru June 19, 2009. <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.
Cherokee Metro & Meridian Svc Dist. Case number:09-GW-15
Designated Basin: <Upper Black SquirrelDate of request:
Subject:Objection to an application to change the type and place of use
Status:See 08GW71 above. Case is presently stayed pending outcome of district court declaratory judgment proceedings
Cherokee Metropolitan District Case number:08-GW-78
Designated Basin: <Upper Black SquirrelDate of request: 29-Dec-08
Subject:Objection to an application to change the type and place of use of Well Permit No.
49988-F.
Status:See Case No. 08GW71 above. Case stayed pending resolution of declaratory judgment action in water court.
Farmer, Edna ICase number:09-GW-02
Designated Basin: Upper Black Squirrel<Date of request: 12-Mar-09
Subject:Objection to an application for Determination of Water Right
Status:Stayed pending outcome of Cherokee replacement plan case, Case No. 08GW71.

Farmer, Daniel & TeresaCase number:09-GW-03
Designated Basin: Upper Black Squirrel<Date of request: 12-Mar-09
Subject:Objection to an application for Determination for Water Right
Status:Stayed pending outcome of Cherokee replacement plan case, Case No. 08GW71.
Gallegos, Reinaldo etcCase number:03-GW-06
Designated Basin: Upper Crow CreekDate of request: 30-Apr-03
Subject:Petition to de-designate portions of the Upper Crow Ck Designated Basin
Status:Hearing set November 28 thru December 9, 2011. Hearing will be held in Grover, Colorado at the Pawnee School. Pretrial schedule for disclosure and various other matters also
included in setting.
Goss, DeanCase number:10-GW-04
Designated Basin: Upper Black SquirrelDate of request: 17-Dec-10
Subject:Objection to application to change the type and place of use
Status:Hearing scheduled for October 5 through 7, 2011.
Kroskob & Urich, Case number:07-GW-19
Designated Basin: <Kiowa-BijouDate of request: 03-Aug-07
Subject:Two Petitions to amend the boundaries of the Kiowa-Bijou Designated Ground Water Basin.
Status:Commission upheld Hearing Officer’s decision and it is presently on appeal to the District Court.
Meridian Service Metropolitan Dist., Case number:09-GW-11
Designated Basin: <Upper Black SquirrelDate of request: 15-Jun-09
Subject:Objection concerning an application to change a determination of water right
Status:Stayed pending outcome of Case No. 08GW71 (Cherokee replacement case).
Morley Howard Investments LLC, Case number:07-GW-02
Designated Basin: <Upper Black SquirrelDate of request: 01-Mar-07
Subject:Objection to three change of Determination of Water Right Applications (Receipt Nos.
3610361 A - C).
Status:Pending Management District’s export hearing.
Springs East Airport, Inc., Case number:07-GW-69
Designated Basin: <Upper Black SquirrelDate of request: 10-Dec-07
Subject:Objection to application for a change of water rights for well with Permit No. 6055-FP.
Status:Hearing Officer’s decision appealed to Commission and the Commission upheld the Hearing Officer’s decision. On appeal to District Court.
Town of Akron, Case number:10-GW-05
Designated Basin: Camp CreekDate of request: 20-Dec-10
Subject:Objection to an application for new appropriation through an existing well for municipal
use in the Camp Creek Designated Ground Water Basin
Status:Prehearing Conference scheduled for March 3, 2011 at 10 a.m.
Town of Akron, Case number:11-GW-01
Designated Basin: Camp CreekDate of request: 11-Jan-11
Subject:Objection to the issuance of a Final Permit for Conditional Permit No. 66117-F
Status:Acknowledgement and Notice to set mailed January 26, 2011. Setting conference
scheduled for February 9, 2011 at 10 a.m.
Upper Spring Creek Basin Case number:09-GW-14
Designated Basin:Date of request: 15-Jun-09
Subject:Petition to create new designated ground water basin
Status:On December 15, 2010, the Petitioner filed a joint motion to vacate the setting
conference scheduled for January 4, 2011. The mat<ter will be re-set on March 15, 2011.
Woodmen Hills Metro Dist, Case number: 03-GW-20
Designated Basin: Upper Black SquirrelDate of request: 30-Oct-03
Subject: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 501564-A, B, and C.
Status:Awaiting republication and information from the Applicant.
Respectfully submitted
______________________________
Joseph (Jody) Grantham, Hearing Officer
2
Minutes-2010 - 11.docxMINUTES

MINUTES
FOURTH QUARTERLY MEETING
COLORADO GROUND WATER COMMISSION
NOVEMBER 19, 2010
The Fourth Quarterly Meeting of the Colorado Ground Water Commission took place on November 19, 2010, at Castle Rock Town Hall, 100 N Wilcox, Castle Rock, Colorado. Chairman Dennis
Coryell called the meeting to order at 10:00 a.m. Mr. Rick Nielsen called the roll and determined that a quorum was present. Commission members present were Grant Bledsoe, Carolyn
Burr, Larry Clever, Dennis Coryell, Earnest Mikita, Max Smith, Virgil Valdez, Mike King, Mike Sullivan and Suzanne Sellers. Staff members present were Kevin Rein, Keith Vander Horst,
Rick Nielsen, Chris Grimes, Jay Bloomfield, Ivan Franco, David Keeler and Tracy Kosloff. Also present were Jody Grantham, Hearing Officer, Pat Kowaleski, A.G. for the Commission and
Jennifer Mele, A.G. for staff.
Review and Approval of Agenda Items – the agenda was approved as proposed.
Approval of Minutes for Meeting of August 20, 2010 Chairman Coryell asked if there were any corrections or additions to the minutes. <There were none.
Commissioner Smith moved to approve the minutes.
Commissioner Burr seconded the motion which carried unanimously.
Report of the Executive Director by Mike Sullivan
Mr. Sullivan reported that transition teams for the new governor are active planning the first hundred days and preparing to interview candidates for cabinet level positions.
Mr. Sullivan then brought the Commission up to-date on the Republican River negotiations. He noted that though the arbiter determined that the pipeline proposal and model are appropriate
he also determined that Kansas was not being unreasonable in their position. Consequently, Colorado has reached an agreement with Nebraska but remains in negotiation with Kansas over
the accounting procedures.
There were no questions for Mr. Sullivan.
Chairman Coryell called for agenda item no. 5, being a Hearing on a petition by Lost Creek Land & Cattle Company, Equus Farms Inc., and Lost Creek Ground Water Management District to
amend Rule 5.2.5.2 of the Rules and Regulations for the Management and Control of Designated Ground Water to make overappropriated that portion of the alluvial aquifer of the Lost Creek
Designated Ground Water Basin located north of the line between Township 2 North and Township 3 North and west of the line between Range 61 West and Range 62 West, and to require replacement
plans for new large capacity wells therein.
Mr. Mike Shimmin, representing Lost Creek Land and Cattle Company, addressed the Commission. <He began by providing a history of the petition and the primary land holdings in this area
of the basin. Mr. Shimmin proceeded to describe events surrounding the fact finding hearing held in September, noting that the objectors to the petition decided not to participate
in the hearing. In his discussion surrounding the <findings of fact, he noticed that the northern part of the Lost Creek main stem has a depletion factor of 79% in 100 years. This
is twice the factor allowed for the Northern High Plains and also twice that of the Hay Gulch portion of Lost Creek that was determined over appropriated just this year. Mr. Shimmin
closed his presentation by asking the Commission to adopt the findings of fact, the basis and purpose and the proposed rule change. <The questions of the Commission centered on the
status of pending well permit applications in the area and if the rule change, if adopted, would apply. Mr. Shimmin stated that in his opinion the amended rule would apply to all pending
applications.
Mr. Mike Browning, representing Eqqus Farms, next addressed the Commission. He provided a short background on his client prior to seconding the comments of Mr. Shimmin. In closing,
Mr. Browning asked the Commission to protect the resource for future generations.
Mr. Andy Jones, representing the Lost Creek Ground Water Management District advised the Commission that the District supports the petition.
Mr. Jeff Kahn, representing Morgan County Quality Water District, advised the Commission that his client supports the petition.
Ms. Jen Mele, representing staff, advised the Commission that staff supports the rule change.
There were no public comments and the hearing was closed.
Commissioner Clever moved to adopt the findings of the Hearing Officer, adopt the statement and purpose of the Hearing Officer and amend Rule 5.2.5.2 of the Rules and Regulations for
the Management and Control of Designated Ground Water to make overappropriated that portion of the alluvial aquifer of the Lost Creek Designated Ground Water Basin located north of
the line between Township 2 North and Township 3 North and west of the line between Range 61 West and 62 West, and to require replacement plans for new large capacity wells therein.
Commissioner Makita seconded the motion which passed unanimously.
Chairman Coryell called for agenda item no. 6, the staff activity report.
Mr. Keith Vander Horst reviewed the staff activity report as submitted. He pointed out that with the additional staff, final permit activity has increased and good progress is being
made. Mr. Vander Horst noticed that the case load before the Hearing Officer and the Commission has been rather static. He then addressed permit and enforcement activity before updating
the Commission on the status of the fact finding hearing regarding the proposed Spring Creek Designated Basin.<
There were no questions of Mr. Vander Horst.
Mr. Vander Horst concluded his report with a power point presentation on the Denver Basin aquifer system and how staff evaluates applications within the Denver Basin.
Chairman Coryell called for agenda item no. 7, 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, noting that she has been working on the Lost Creek petition, the Cherokee
matters and the Gallegos case in Crow Creek. There were no questions of Ms. Mele.<
Chairman Coryell called for agenda item no. 8, the Management District Reports.
Mr. Nate Midcap, reporting for the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that his districts have received no rain for 3 months, causing some sprinklers
to run until the last two weeks. He noted that the dry weather has allowed for an easier harvest than last year and most of the crops are out. <Mr. Midcap said that he is pleased
with the new website. He informed the Commission that he has completed 602 chemigation system inspections with only 18 failures, all but 3 of which have been repaired. Mr. Midcap
stated that his district boards continue to discuss conservation measures and that uncertainty over the Republican River settlement continues to bother the boards. He concluded his
report questioning the status of the static water level measurement contracts.
Mr. Jack Dowel, reporting for the W-Y GWMD reported that his chemigation system inspections of 126 well are complete and that there was only 1 failure due to a malfunctioning back flow
valve. He said that it has been hot and dry since the end of July. Mr. Dowel said that moisture is needed for the newly planted wheat. He stated that the South Fork phreatophyte
eradication program is on hold while funding is located. They hope to start it up again in January. Mr. Dowel reported that CSU and the Appalachian State University are conducting
a water and vegetation study on the South Fork regarding the Russian Olive, Salt Cedar and Cattail.
Mr. Rod Mason, reporting for the Arikaree GWMD said that his area has received sporadic rain this year. He reported that the board would like to see Bonny Reservoir drained and removed
from the Republican River Compact.
Ms. Deb Daniel reporting for the Plains and East Cheyenne GWMD’s, reported that her districts have had little moisture since the first of August and that everything is brown. She said
that the dry land wheat is hurting. Ms. Daniel reported that her districts had an early harvest that was a record setter with good prices. She stated that a lot of wells are still
running to help with the fall fertilizer application. She issued 23 repair orders on 240 chemigation systems. Mrs. Daniel reported that farmers in the East Cheyenne district have
been installing totalizing flow meters. She concluded her report by addressing the conservation advantages of aqua view technology.
Mr. Max Smith, reporting for the Southern High Plains GWMD stated that though most of the dry land corn burned up his area had an above average harvest. He reported that the grain crops,
especially the milo were abundant.
Mr. Robert Loose, reporting for the North Kiowa Bijou GWMD reported that crop yields were down 20% due to the lack of moisture. He thanked Mr. Grimes for his enforcement efforts in
the basin and concluded his report saying that most of the Districts work is now related to domestic wells.
There was no report for the Upper Black Squirrel GWMD.
Mr. Dave Tausig reporting for the Upper Big Sandy GWMD, reported that their lack of moisture has affected the cattle ranchers and kept them from weaning the calves. He advised the Commission
that a rough draft of the new District rules has been forwarded to staff for comments.

Mr. Tom Sauter reporting for the Lost Creek GWMD, thanked the Commission for their action on the rule amendment. He said that his district, like all others has been dry.
Mr. Stan Murphy reporting for the Republican River Water Conservation District reported that the district had acquired two more surface water rights and continues to look for more.
He noted that the board needs to decide soon if it will begin construction of the pipeline prior to any agreement on the proposal because the funding may be lost. Mr. Murphy discussed
the District’s proposal to amend the CREP program to allow <for the enrollment of the pipeline wells and to allow the land associated with those wells to be planted to grass and still
use the water in the pipeline. Concerns of the residents in the target area about the amendment have led the board to modify the proposed program by adjusting the number of acres involved
and lowering the reimbursement rate. The board is listening to the citizens. He concluded his report by announcing his retirement.
Chairman Coryell called for agenda item no. 9, old business being the petition by the Gallegos’s to de-designate portions of the Upper Crow Creek Basin, case no. 03-GW-06. <Mr. Pat Kowaleski,
conflicts council for the Commission, briefed the Commission on the matter. He stated that it was his opinion and the opinion of staff that the petition met all the criteria and that
it should be published and sent to the Hearing Officer.< He also noted that there had been a petition to dismiss the matter and that Mr. Andy Jones would like to address the Commission
on the matter.<
Mr. Andy Jones, representing several well owners in the Basin addressed the Commission. He provided a history of the case, touched on the deficiencies he believes are present in the
petition and ended in a request that the Commission hear his associate on the merits of their petition.
Mr. John Justus, representing the Gallegos’, stated that the motion to dismiss should be denied in whole. He believes that the motion to dismiss is in error on several matters and that
the alternate proposal, that the Commission decide on the petition now, is inappropriate because the Commission needs time to consider the pleadings of both sides. He believes that
the petition to de-designate should move forward to the Hearing Officer.
Ms. Jen Mele, representing staff, advised the Commission that staff believes that this matter should be placed before the Hearing Officer, that it is the role of the Hearing Officer
to address these matters.
Mr. Pat Kowaleski summarized the positions just presented to the Commission.
Commissioner Clever moved that the petition to de-designate be published and that the petition and the motion to dismiss go before the Hearing Officer.
There was no second, the motion failed.
Commissioner Burr moved to hear the motion to dismiss today.
Commissioner Smith seconded the motion which passed by voice vote.
Commissioner Davis recused herself from the matter.
Mr. David Jones, representing the owners’ of wells in the Basin that would be affected by the petition, addressed the Commission. He stated that his clients are opposed to the de-designation
because their wells would be excluded from the Basin and would become subject to curtailment by the State Engineer. He told them that the standard required for the petition to succeed
was set forth by the Supreme Court, which said that the petitioner must present evidence not available at the original designation hearing. He further stated that the purpose of this
hearing is to decide if the applicant has that new information or not, not to interpret that information. Mr. Jones stated that the claimed new information, the narrowing and thinning
of the aquifer, is information contained in the report used in the designation hearing and as such is not new but simply a reinterpretation of the same information.
Mr. John Justus, representing the petitioners, advised the Commission that his clients are the owners of surface water rights dating back to 1895, rights that have not been met for the
past 10 years. He detailed the actions taken by the Gallegos family as they tried to maintain the surface water rights. Mr. Justus stated that the new evidence was the inability for
the Gallegos’ to obtain their surface rights, a new alluvial well field in Wyoming and the effect of the “alluvial neck” (narrowing and thinning of aquifer) at the Gallegos diversion
structures. He concluded saying that the Gallegos must have the opportunity to present their case.
Ms. Jen Mele, representing staff, stated that the new information alleged in the petition to de-designate needs to be examined by a fact finding body and urged the Commission to deny
the motion to dismiss.
Mr. Pat Kowaleski, conflicts council, provided the Commission with his comments that mirrored those of staff.
Commission Burr moved to deny the motion to dismiss, remand to the Hearing Officer and proceed to publication.
Commissioner Clever seconded the motion which passed unanimously.
Chairman Coryell called for agenda item no. 11, new business. Secretary Nielsen presented the Commission with meeting times and places for the year 2010: February 18th in Denver, May
20th, August 19st and November 18th in Castle Rock. The Commission determined that those dates are acceptable.
Chairman Coryell called for agenda item no. 12, public comment. There was none.
There being no further business the meeting adjourned.
Respectfully submitted,
Richard A Nielsen, P.E.
Secretary to the Ground Water Commission
Ground Water Commission Meeting MinutesPage 6
November 19, 2010
Minutes-2010-11-19..pdfMicrosoft Word - Minutes-2010 - 11.docx
MINUTES FOURTH QUARTERLY MEETING COLORADO GROUND WATER COMMISSION NOVEMBER 19, 2010 The Fourth Quarterly Meeting of the Colorado Ground Water Commission took place on November
19, 2010, at Castle Rock Town Hall, 100 N Wilcox, Castle Rock, Colorado. Chairman Dennis Coryell called the meeting to order at 10:00 a.m. Mr. Rick Nielsen called the roll and determined
that a quorum was present. Commission members present were Grant Bledsoe, Carolyn Burr, Larry Clever, Dennis Coryell, Earnest Mikita, Max Smith, Virgil Valdez, Mike King, Mike Sullivan
and Suzanne Sellers. Staff members present were Kevin Rein, Keith Vander Horst, Rick Nielsen, Chris Grimes, Jay Bloomfield, Ivan Franco, David Keeler and Tracy Kosloff. Also present
were Jody Grantham, Hearing Officer, Pat Kowaleski, A.G. for the Commission and Jennifer Mele, A.G. for staff. Review and Approval of Agenda Items – the agenda was approved as proposed.
Approval of Minutes for Meeting of August 20, 2010 Chairman Coryell asked if there were any corrections or additions to the minutes. There were none. Commissioner Smith moved to
approve the minutes. Commissioner Burr seconded the motion which carried unanimously. Report of the Executive Director by Mike Sullivan Mr. Sullivan reported that transition teams
for the new governor are active planning the first hundred days and preparing to interview candidates for cabinet level positions. Mr. Sullivan then brought the Commission up to-date
on the Republican River negotiations. He noted that though the arbiter determined that the pipeline proposal and model are appropriate he also determined that Kansas was not being
unreasonable in their position. Consequently, Colorado has reached an agreement with Nebraska but remains in negotiation with Kansas over the accounting procedures. There were no
questions for Mr. Sullivan. Chairman Coryell called for agenda item no. 5, being a Hearing on a petition by Lost Creek Land & Cattle Company, Equus Farms Inc., and Lost Creek Ground
Water Management District to amend Rule 5.2.5.2 of the Rules and Regulations for the Management and Control of Designated Ground Water to make overappropriated that portion of the alluvial
aquifer of the Lost Creek Designated Ground Water Basin located north of the line between Township 2 North and Township 3 North and west of the line between Range 61 West and Range
62 West, and to require replacement plans for new large capacity wells therein. Ground Water Commission Meeting Minutes Page 2 November 19, 2010 Mr. Mike Shimmin, representing Lost
Creek Land and Cattle Company, addressed the Commission. He began by providing a history of the petition and the primary land holdings in this area of the basin. Mr. Shimmin proceeded
to describe events surrounding the fact finding hearing held in September, noting that the objectors to the petition decided not to participate in the hearing. In his discussion surrounding
the findings of fact, he noticed that the northern part of the Lost Creek main stem has a depletion factor of 79% in 100 years. This is twice the factor allowed for the Northern High
Plains and also twice that of the Hay Gulch portion of Lost Creek that was determined over appropriated just this year. Mr. Shimmin closed his presentation by asking the Commission
to adopt the findings of fact, the basis and purpose and the proposed rule change. The questions of the Commission centered on the status of pending well permit applications in the
area and if the rule change, if adopted, would apply. Mr. Shimmin stated that in his opinion the amended rule would apply to all pending applications. Mr. Mike Browning, representing
Eqqus Farms, next addressed the Commission. He provided a short background on his client prior to seconding the comments of Mr. Shimmin. In closing, Mr. Browning asked the Commission
to protect the resource for future generations. Mr. Andy Jones, representing the Lost Creek Ground Water Management District advised the Commission that the District supports the petition.
Mr. Jeff Kahn, representing Morgan County Quality Water District, advised the Commission that his client supports the petition. Ms. Jen Mele, representing staff, advised the Commission
that staff supports the rule change. There were no public comments and the hearing was closed. Commissioner Clever moved to adopt the findings of the Hearing Officer, adopt the statement
and purpose of the Hearing Officer and amend Rule 5.2.5.2 of the Rules and Regulations for the Management and Control of Designated Ground Water to make overappropriated that portion
of the alluvial aquifer of the Lost Creek Designated Ground Water Basin located north of the line between Township 2 North and Township 3 North and west of the line between Range 61
West and 62 West, and to require replacement plans for new large capacity wells therein. Commissioner Makita seconded the motion which passed unanimously. Chairman Coryell called
for agenda item no. 6, the staff activity report. Mr. Keith Vander Horst reviewed the staff activity report as submitted. He pointed out that with the additional staff, final permit
activity has increased and good progress is being made. Mr. Vander Horst noticed that the case load before the Hearing Officer and the Commission has been rather static. He then addressed
permit and enforcement activity before updating the Commission on the status of the fact finding hearing regarding the proposed Spring Creek Designated Basin. There were no questions
of Mr. Vander Horst. Ground Water Commission Meeting Minutes Page 3 November 19, 2010 Mr. Vander Horst concluded his report with a power point presentation on the Denver Basin aquifer
system and how staff evaluates applications within the Denver Basin. Chairman Coryell called for agenda item no. 7, 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, noting that she has been working on the Lost Creek petition, the Cherokee matters and the
Gallegos case in Crow Creek. There were no questions of Ms. Mele. Chairman Coryell called for agenda item no. 8, the Management District Reports. Mr. Nate Midcap, reporting for
the Marks Butte, Frenchman, Sandhills and Central Yuma GWMD’s, reported that his districts have received no rain for 3 months, causing some sprinklers to run until the last two weeks.
He noted that the dry weather has allowed for an easier harvest than last year and most of the crops are out. Mr. Midcap said that he is pleased with the new website. He informed
the Commission that he has completed 602 chemigation system inspections with only 18 failures, all but 3 of which have been repaired. Mr. Midcap stated that his district boards continue