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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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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. <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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. <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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. <br /> 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 <br /> 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 <br /> 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. <br /> 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” <br /> (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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> 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 <br /> being no further business the meeting adjourned. Respectfully submitted, Richard A Nielsen, P.E. Secretary to the Ground Water Commission <br />PacketMemo2011Feb.docx <br /> </w:t></w:r><w:r><w:rPr><w:rFonts w:ascii="STATE OF COLORADO <br />GROUND WATER COMMISSION <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 </w:t></w:r></w:p><w:p w:rsidR="00707 <br />FAX (303) 866-3589 <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director, DNR <br />Dick Wolfe, P.E. <br />Executive Director <br />February 8, 2011 <br />MEMORANDUM <br />TO: Ground Water Commission Members <br />FROM: Keith Vander Horst, Designated Basins Team <br />SUBJECT: Upcoming Ground Water Commission Meeting <br />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 <br /> the following: <br />Meeting agenda <br />Minutes of the last Commission meeting, Agenda Item No. 3 <br />Staff Activity Report, Agenda Item No. 5. <br />Attorney General’s Report, Agenda Item No. 6 <br />Hearing Officer's Report <br />Please contact myself or Rich Nielsen if there are any questions. <br />cc:Commission Staff <br />Designated Ground Water Management Districts <br /> <br /> <br />Upcoming Ground Water Commission MeetingPage 2 <br />August 6, 2010 <br />Memorandum <br />Upcoming Commission Meeting <br />Page 2 <br />DENNIS W. CORYELL, CHAIRMAN, Burlington; COREY M. HUWA, VICE-CHAIRMAN, Roggen; GRANT H. BLEDSOE, Wray; VIRGIL VALDEZ, Alamosa; <br />C. MAX SMITH, Walsh; CAROLYN F. BURR, Denver; LARRY W. CLEVER, Grand Junction; EARNEST L. MIKITA, Calhan; GEORGE H. SCHUBERT, Calhan <br />FRED A. HEFLEY, CHAIRMAN, Walsh; JON B. BROWNELL, VICE-CHAIRMAN, Hooper; EUGENE A. BAUERLE, Julesburg; ANNE J. CASTLE, Denver; DENNIS W. CORYELL, Burlington; <br />MICHAEL GROSS, Silt; RICHARD F. HUWA, Keenesburg; F. W. (BILL) KERKSIEK, Strasburg; ERNEST L. MIKITA, Calhan <br />PacketMemo2011Feb.pdf <br /> <br />QRTSTAT-2011Feb.xlsQRTSTAT.XLS <br />Print_Area_MI <br />TABLE 1 <br />DESIGNATED BASINS BRANCH <br />QUARTERLY ACTIVITY REPORT <br />C.R.S. 37-90- <br />BASIN <br />RECEIVED <br />ISSUED <br />KIOWA BIJOU <br />LOST CREEK <br />CAMP CREEK <br />UPPER BIG SANDY <br />TOTAL <br />SUMMARY OF APPLICATION ACTIVITY <br />INCOMPLETE <br />AP <br />NP <br />AU <br />AR <br />AD & AW <br />CHANGE APPLICATIONS <br />UPPER CROW CREEK <br />TOTAL RECEIVED <br />NEW ISSUED <br />REPLACE ISSUED <br />NEW RECEIVED <br />DENIED & WITHDRAWN <br />NORTHERN HIGH PLAINS <br />SOUTHERN HIGH PLAINS <br />UPPER BLACK SQUIRREL CREEK <br />RESUBMITTED <br />SMALL CAPACITY PERMITS <br /> REPLACEMENT <br />CA <br />CANCELED <br />LARGE CAPACITY PERMITS (NEW & REPLACEMENT) <br />LARGE CAPACITY PERMITS <br />CHANGE OF WATER RIGHT <br />LARGE CAPACITY PERMITS, <br />NOVEMBER 1, 2010 THROUGH JANUARY 31, 2011 <br />105.00 <br />107.00 <br />111.00 <br />111.00 <br />31.00 <br />25.00 <br />4.00 <br />0.00 <br />0.00 <br />6.00 <br />3.00 <br />3.00 <br />10.00 <br />4.00 <br />25.00 <br />14.00 <br />6.00 <br />24.00 <br />18.00 <br />7.00 <br />0.00 <br />2.00 <br />5.00 <br />1.00 <br />7.00 <br />4.00 <br />1.00 <br />8.00 <br />0.00 <br />20.00 <br />2.00 <br />6.00 <br />13.00 <br />4.00 <br />7.00 <br />4.00 <br />2.00 <br />3.00 <br />7.00 <br />0.00 <br />0.00 <br />0.00 <br />0.00 <br />0.00 <br />6.00 <br />6.00 <br />1.00 <br />2.00 <br />2.00 <br />2.00 <br />3.00 <br />3.00 <br />0.00 <br />0.00 <br />1.00 <br />0.00 <br />0.00 <br />0.00 <br />0.00 <br />0.00 <br />0.00 <br />0.00 <br />0.00 <br />0.00 <br />7.00 <br />4.00 <br />2.00 <br />0.00 <br />0.00 <br />2.00 <br />0.00 <br />0.00 <br />0.00 <br />0.00 <br />2.00 <br />2.00 <br />0.00 <br />0.00 <br />2.00 <br />0.00 <br />0.00 <br />0.00 <br />0.00 <br />0.00 <br />86.00 <br />59.00 <br />16.00 <br />37.00 <br />29.00 <br />37.00 <br />8.00 <br />14.00 <br />28.00 <br />9.00 <br />86.00 <br />75.00 <br />14.00 <br />7.00 <br />1.00 <br />14.00 <br />45.00 <br />43.00 <br />49.00 <br />14.00 <br />0.00 <br />37.00 <br />28.00 <br />9.00 <br />13.00 <br />11.00 <br />0.00 <br /> <br />StaffReport_2011Feb.doc <br /> <br /> STATE OF COLORADO <br />GROUND WATER COMMISSION <br />Division of Water Resources <br />Department of Natural Resources <br /> <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX (303) 866-3589 <br /> John W. Hickenlooper <br /> Governor <br /> <br /> Mike King <br /> Executive Director, DNR <br /> <br /> Dick Wolfe, P.E. <br /> Executive Director <br />