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year. A concern is the high cost of efficient systems, such as drip systems. Commissioner Smith reported on his involvement with the program and stated that the intent of EQIP was to save water and that it should be funded, and that the best way to save water is by shutting wells down. Staff Report by Suzanne Sellers and Megan Sullivan - Ms. Suzanne Sellers presented the Staff Activity Report for the last quarter. She reported on the status of the new and replacement applications, the status of the change applications, a list of objections/hearings that are pending and those that have been completed, and a cease and desist order that was issued. Staff investigated ponds that were potentially intercepting water and it was determined that the ponds were not intercepting ground water; four small capacity wells were investigated in the Upper Black Squirrel Creek area; and a property was investigated with seven mobile homes on one well. Ms. Sullivan reported on the final permitting activities for the last quarter. The request for information from the Southern High Plains regarding statements of beneficial use has been slow in coming in; a second request will be sent out soon by certified mail which will allow them 20 days to respond. The staff reports were included in the Commissioners’ packets. Report of the Attorney General by Matthew Poznanovic - Mr. Matt Poznanovic stated that the report which provides a summary of the cases that the Attorney General’s Office is involved in was included in the packets. He also reported that the hearing on the Gallegos application for appropriation of designated ground water from the White River aquifer will be held on December 16-17, 2002. Management District Reports - Vice-Chairman Smith called for the Management District reports. Mr. Aaron Nein reported from the Frenchman, Sandhills, Marks Butte and Central Yuma Ground Water Management Districts. Mr. Nein reported that it’s been a bad year due to the drought. Ten cease and desist orders were issued with possibly more to come. Almost everyone on expanded acres this year has experienced problems. If the drought continues, it is anticipated that well owners with expanded acres may abandon them. Mr. Jack Adams, from the W-Y Ground Water Management District, stated that few people understand that expanded acres is water that has been consumptively used for the ten previous years and that a person will never have as much water as what they started with. There was no report from the Arikaree Ground Water Management District. Mr. Stan Murphy, from the Plains and East Cheyenne Management Districts, posed a question to the Commission whether there is any intent to request stronger enforcement actions from the Legislature in an effort to reduce violations due to the drought situation and budget problems. Commissioner Max Smith reported for the Southern High Plains Ground Water Management District and reported on the recent legislation that was passed by a group of five counties to form a taxing unity to collect tax dollars to compete with front range cities trying to buy water from the Arkansas River drainage. Commissioner Smith stated that one of the counties that passed this taxation is Prowers County, and the southeastern corner is within the boundaries of the Southern High Plains. Land owners in the boundary will have to pay a tax to help protect surface water, but not ground water. The Southern High Plains board members went to the Powers County Commissioners and asked to not allow taxation on that portion of the Southern High Plains in Prowers County, but were denied. They will now bring this issue to the water judge in Pueblo to request to be removed from taxation. There were no reports from the North Kiowa-Bijou Ground Water Management District, the Upper Black Squirrel Creek Ground Water Management District, the Lost Creek Ground Water Management District, or from the Upper Big Sandy Ground Water Management District. Old Business – Summary of Discussion on Anti-Speculation Doctrine with Regard to the Denver Basin Aquifers in the Designated Basins – Ms. Kelly Custer, attorney from Lind, Lawrence and Ottenhoff, representing Lost Creek and Upper Black Squirrel Ground Water Management Districts, reported on behalf of Andy Jones. Ms. Custer reported that the Commission should take a position on the timing of the anti-speculation test in this appeal because it reflects directly to what the determination of water right means. Mr. Mike Shimmin stated that he supports the concept of the time at which the anti-speculation test should be applied is during the determination phase because it’s the only time in the process when there is any publication or opportunity for a hearing. He recommended that the Commission agree that the time at which the test applies is during the determination phase. Commission in Executive Session – Mr. Pat Kowaleski stated that the Commission will go into Executive Session pursuant to statute during lunch to summarize the Bradbury case and the comments received regarding the Supreme Court appeal on the North Kiowa-Bijou Ground Water Management District v. Ground Water Commission of the State of Colorado, Case No. 2001CV1652, and the status of the settlement discussions regarding Eagle Peak Farms v. Ground Water Commission of the State of Colorado. A motion to go into Executive Session was made by Commissioner Huwa and seconded by Commissioner Coryell to go into Executive Session on the Bradbury case and the Eagle Peaks case, then to go back on record in open session, followed by another Executive Session to discuss the status of the case in the Kansas v. Nebraska v. Colorado litigation. Following the Executive Session, Mr. Kowaleski summarized that the session was held on two matters in the pending litigation on the Eagle Peak Farms case and the Bradbury case. The Commissioners were asked at the last meeting whether they felt they should support the decision of the North Kiowa Bijou District with regard to the anti-speculation doctrine and when it should be applied. A motion was made by Commissioner Huwa that the Commission support the North Kiowa’s cross-appeal that the anti-speculation should be applied at the time the determination of the water right is sought; the motion was seconded by Commissioner Bauerle. For the record, Commissioner Curtis abstained from voting due to his being a new member of the Commission and not having enough knowledge about this case. The motion carried unanimously. New Business – Selection of Meeting Dates for 2003 – Ms. Marta Ahrens reported that the dates for the Ground Water Commission meetings in 2003 are as follows: February 21, May 16, August 15, and November 21. All meetings, with the exception of the August meeting, will be held in Denver. Commissioner Coryell discussed the possibility of the Commission looking into some type of legislative action regarding fines and enforcement actions. Mr. Ken Knox suggested that staff develop a position paper for the Commission’s consideration at the next meeting on the venue, structure, how fines may work, including pros, cons, and opportunities. Mr. Shimmin reported that this is a worthy idea to consider; however, due to the drought, a number of bills will be introduced this legislative session dealing with water issues. He suggested that this may be more appropriate for the Interim Water Resources Review Committee, during the interim review process, to consider for the 2004 legislative session. Mr. Shimmin reported that the Central Yuma County Ground Water Management District may want to shorten its name to Central Yuma Ground Water Management District, and that the District may request the name change at the next Commission meeting. Next Meeting - The next meeting is scheduled for Friday, February 21, 2003, in Denver. The meeting adjourned at 1:30 p.m. Following the Commission meeting, an Executive Session was held to discuss the status of the case regarding the Kansas v. Nebraska and Colorado litigation. A motion was made by Commissioner Coryell to go into Executive Session; the motion was seconded by Commissioner Huwa and approved unanimously. Respectfully submitted, Marta Ahrens Secretary to the Ground Water Commission Ground Water Commission Meeting Page 5 November 15, 2002 PacketDistrictFeb03.doc STATE OF COLORADO GROUND WATER COMMISSION Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 Bill Owens Governor Greg E. Walcher Executive Director, DNR Hal D. Simpson, P.E. Executive Director