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

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. Ground Water Commission Meeting Minutes Page 4 November 19, 2010
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.
Ground Water Commission Meeting Minutes Page 5 November 19, 2010 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 dedesignation 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 dedesignate needs to be examined by a fact finding body and urged the Commission to deny the motion to dismiss. Ground
Water Commission Meeting Minutes Page 6 November 19, 2010 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
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

Upcoming Ground Water Commission MeetingPage 2
August 6, 2010
Memorandum
Upcoming Commission Meeting
Page 2
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