DWR_3348301

• Board or Commission: Colorado Ground Water Commission
• Document Type - Board and Commission Meetings: Meeting Document
• Document Date: 2/24/2004
• Subject: MEETING MATERIALS

February 11, 2004
MEMORANDUM

TO: Ground Water Commission Members

FROM: Suzanne M. Sellers, Designated Basins Team
Tanya Light, Attorney General’s Office

SUBJECT: Rulemaking Hearing on Allowing Additional Appropriations on Existing Wells Completed in Multiple Aquifers in Designated Basins Where Ground Water is Available for Appropriation

This rulemaking hearing concerns rules which are being promulgated in order to allow additional appropriations for existing wells completed in multiple aquifers in designated basins,
where ground water is available for appropriation. The proposed rule changes are attached to this document, along with the basis and purpose of the rules.

These rules are being promulgated pursuant to C.R.S. § 37-90-111(1)(h), which grants the Ground Water Commission the authority to adopt rules as necessary to carry out the provisions
of the Ground Water Management Act, and the rulemaking provisions of the Administrative Procedure Act, C.R.S. § 24-4-101, et. seq. (the “APA”).

The rules were submitted to the Secretary of State on December 19, 2003; were published in the January edition of the Colorado Register; and were submitted to the Department of Regulatory
Agencies (“DORA”) in accordance with the APA. On January 23, 2004, DORA personnel reviewed the rules and determined that the proposed changes met DORA requirements.

Those persons wishing to obtain party status in order to testify or comment on the rules at the February 24, 2004 hearing were required to submit a Notice of Party Status on or before
January 30, 2004. No such notices were received. Comments and/or objections to the proposed rules were also due on January 30, 2004, and no comments or objections were received.

S:\DesBasPrograms\GWC Meetings\Feb 2004\RuleHearingGWCFeb04.doc

cc: Ground Water Management Districts (w/ enclosures)
Commission Staff (w/ enclosures)

Memorandum
Upcoming Commission Meeting
Page 2

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

EARNEST L. MIKITA, CHAIRMAN, Calhan; C. MAX SMITH, VICE-CHAIRMAN, Walsh; EUGENE A. BAUERLE, Julesburg; LARRY W. CLEVER, Grand Junction;
DENNIS W. CORYELL, Burlington; RALPH G. CURTIS, Alamosa; RICHARD F. HUWA, Keenesburg; FRANK P. JAEGER, Elizabeth; ROBERT R. LOOSE, Wiggins

Memorandum
Upcoming Commission Meeting
Page 2

StaffReportFeb04.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]
Bill Owens
Governor

Russell George
Executive Director, DNR

Hal D. Simpson, P.E.
Executive Director
February 17, 2004

MEMORANDUM

TO: Hal D. Simpson, Executive Director - Ground Water Commission

FROM: Suzanne M. Sellers, Designated Basins Team

SUBJECT: Staff Activity Report for November 1, 2003 through January 31, 2004
AGENDA ITEM # 8

Various activities performed during the last quarter are briefly described below.

New and Replacement Applications

Table 1 provides a breakdown, by basin, of permitting activity for the last quarter. The following permit activities were performed:

Small capacity:

114 small-capacity well applications were received
109 small-capacity well permits were issued

Large Capacity:

66 large-capacity well or Determination of Water Right applications were received
46 large-capacity well permits or Determination of Water Rights were issued

Table 2 shows the current status of new and replacement permit applications for the large-capacity wells.

Change Applications

Table 3 provides the current status of the change applications. During the last quarter the following
change application activities occurred:

15 new applications were received;
12 change applications were approved; and
68 applications are currently in different stages of processing, including 14 in initial processing, 8 in publication, and 46 in hearing (including for 39 for Eagle Peak Farms) as shown
in Table 3.
Final Permit Activities

The last of the Final Permits in the Northern High Plains have been mailed out. In the Southern High Plains, the owners of all wells located outside of the management district have
been contacted by phone and letter. Final Permits of the first group to be published are being reviewed and signed. The second group has been sent to publication. Below is a summary
of the Final Permit Activity for the last quarter.

Basin Requests for Statements of Beneficial Use (SBU) SBUs Accepted SBUs Returned Permits Sent for Publication Final Permits Issued Percent
Complete Northern High Plains 4 100% Upper Crow Creek Southern High Plains 67 58 15 4
As indicated before, there is the problem of lack of current ownership information within many of the permit files, which delays the clarifying process. In order to facilitate correspondence
with well owners, the staff asks District Managers to encourage land owners to complete and submit change of ownership/address forms to the Commission Staff, if they have acquired wells
or moved in the last 10 years.

Objections/Hearings

Pending hearing cases are listed in the Hearing Officer's report. The Staff took part in pre-hearing conferences or otherwise spent time trying to resolve or otherwise work on the
hearing cases related to following applicants. The Eagle Peak Farm applications are currently in Adams County District Court and the Gallegos Curtailment Request is currently in Weld
County District Court. The Booker application has been appealed and will be heard at the May 2004 Commission Meeting.