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

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..pdf
PacketMemo2011Feb.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]
John W. Hickenlooper
Governor
Mike King
Executive Director, DNR
Dick Wolfe, P.E.
Executive Director
February 8, 2011
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, February 18, 2011, in Room 318, 1313 Sherman St., Denver, Colorado 80203. Please find herein enclosed
the following:
Meeting agenda
Minutes of the last Commission meeting, Agenda Item No. 3
Staff Activity Report, Agenda Item No. 5.
Attorney General’s Report, Agenda Item No. 6
Hearing Officer's Report
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
FRED A. HEFLEY, CHAIRMAN, Walsh; JON B. BROWNELL, VICE-CHAIRMAN, Hooper; EUGENE A. BAUERLE, Julesburg; ANNE J. CASTLE, Denver; DENNIS W. CORYELL, Burlington;
MICHAEL GROSS, Silt; RICHARD F. HUWA, Keenesburg; F. W. (BILL) KERKSIEK, Strasburg; ERNEST L. MIKITA, Calhan
PacketMemo2011Feb.pdf
QRTSTAT-2011Feb.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,
NOVEMBER 1, 2010 THROUGH JANUARY 31, 2011
105.00
107.00
111.00
111.00
31.00
25.00
4.00
0.00
0.00
6.00
3.00
3.00
10.00
4.00
25.00
14.00
6.00
24.00
18.00
7.00
0.00
2.00
5.00
1.00
7.00
4.00
1.00
8.00
0.00
20.00
2.00
6.00
13.00
4.00
7.00
4.00
2.00
3.00
7.00
0.00
0.00
0.00
0.00
0.00
6.00
6.00
1.00
2.00
2.00
2.00
3.00
3.00
0.00
0.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
7.00
4.00
2.00
0.00
0.00
2.00
0.00
0.00
0.00
0.00
2.00
2.00
0.00
0.00
2.00
0.00
0.00
0.00
0.00
0.00
86.00
59.00
16.00
37.00
29.00
37.00
8.00
14.00
28.00
9.00
86.00
75.00
14.00
7.00
1.00
14.00
45.00
43.00
49.00
14.00
0.00
37.00
28.00
9.00
13.00
11.00
0.00

StaffReport_2011Feb.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]
John W. Hickenlooper
Governor

Mike King
Executive Director, DNR

Dick Wolfe, P.E.
Executive Director