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

STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY,
AND PURPOSE FOR CHANGING COMMISSION RULE 5.2.9

The provisions of Section 37-90-111(1)(h), C.R.S. provides the specific statutory authority for the adoption of the attached regulation. The Commission also adopted, in compliance
with Section 24-4-103(4), C.R.S., the following Statement of Basis and Purpose.

BASIS AND PURPOSE

BACKGROUND

In 1986, based on the Board of Examiners Water Well Construction Rules that prohibit new wells from being screened within more than one aquifer, the Ground Water Commission Staff ceased
issuance of well permits for new and existing wells that are screened in multiple aquifers.

The impact of this action is that owners with valid well permits for existing wells screened in multiple aquifers are not able to apply for an increase in appropriation. This limits
the ability of these well owners to make changes in their water use practices despite the fact that water is available for appropriation.

PURPOSE

To add Rule 5.2.9.3 to allow wells screened in more than one aquifer the ability to apply for an increase in appropriation. This rule would only apply to wells that have well permits
that are valid (in compliance with all applicable statutory procedures) and are permitted to allow withdrawals from multiple aquifers. The intent of this rule amendment is to allow
water users in the Upper Crow Creek Designated Ground Water Basin (a basin still open for appropriation) to apply for permits so they may operate their wells as they may have historically
done. This rule also allows additional flexibility for water users to make changes to their water use practices in the future as conditions warrant.

C:\GWC\Rules\Feb04RuleChange\B&PRulechangeFeb04.doc

basin stats.docStatistic SumOfCountOfreceipt1 1 2 3 4 5 6 7 Total Wells Plugged and Sealed 18 9 4 2 1 1 1 Total Applications Received 147 36 44 13 31 10 13 Non Exempt Apps. Approx. 33 11 6 7 5
4 Exempt Apps. Recd. Approx 114 25 38 6 26 10 9 Application Withdrawn 2 1 1 Exempt Apps. Withdrawn Approx. 2 1 1 Cancelled Permits 21 1 9 6 5 Non-Exempt Cancld.
Permits Approx. 7 1 6 Exempt Cancelled Permits Approx. 14 9 5 Emergency Replacement Apps. 13 8 2 3 Well Permit Expired 9 5 1 2 1 Extensions Approved 6 2 1 3 Correction
of Well Location 1 1 Logs Received 83 28 27 1 13 10 1 3 Late Reg. Accepted in Permit Count 8 6 1 1 Monitoring Hole Notice 3 1 2 Total All Permits issued 146 36 48 18 27 9 8 Tota
l New Exempt Permits Issued 90 18 35 6 14 9 8 Total New Non-Exempt Permits Issued 32 4 7 11 10 Change Ownership 133 52 28 9 17 26 1 Pump Installation Report Recd. 69 18 27 13 11 Total
Resubmitted Apps. 46 6 12 14 12 2 Resub. Non-Exempt Apps. Approx. 24 5 2 14 1 2 Resub. Exempt Apps. Approx. 22 1 10 11 General Record Change/Update 187 15 43 66 52 7 4 Replacement
Permits, Exempt 19 13 2 1 3 Replacement Permits, Non-Exempt 5 1 4 Notice of Well Completion Recd. 3 1 2 Statements Accepted 19 19 Statement of Beneficial Use
Recd. 35 34 1 Total Unacceptable Apps. 29 1 9 7 10 2 Unaccept.Non-Exempt App. Approx. 10 3 6 1 Unaccept.Exempt Apps. Approx. 19 1 6 1 10 1

FP Rept.docFinal Permit Activity for the First Quarter of 2004

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 a Statements of Benificial Use (SBU) SBUs Accepted SBUs Returned Permits Sent for Publication Final Permits Issued Percent
Complete Northern High Plains 67 58 15 4 100% Upper Crow Creek Southern High Plains 67 58 15 4

Grd Wtr Comm - Hrg Off Report.rtf HEARING OFFICER'S REPORT
Colorado Ground Water Commission
February 24, 2004, Meeting
The listing below summarizes all adjudicatory matters pending before the Colorado Ground Water
Commission as of February 2, 2004.
Booker, Wayne & Frances Case number: 02-GW-20
Designated Upper Black Squirrel Date of 03-Sep-02
Management Upper Black Squirrel
Date of 09-Sep-03 Place of hearing: Denver, Rm 814
Subject Objection to application to relocate wells with Well Permit Nos. 16265-R, 16271-R,
16272-R 27560-F and 27585-F.
Status: Acknowledgment mailed September 25, 2002. Setting of hearing was held on
November 6, 2002. Prehearing Conference held on August 4, 2003. Hearing was
held on September 9 and 10th, 2003. Decision of the Hearing Officer was mailed
September 17, 2003. Applicant appealed the Hearing Officer's decision denying
the applications. Hearing on appeal to be held on May 21, 2004 at the Ground
Water Commission meeting.
Falcon School District 49, Case number: 03-GW-08
Designated Upper Black Squirrel Date of 12-May-03
Management Upper Black Squirrel
Date of 14-Nov-03 Place of hearing: Rm 814
Subject Objection to application for a replacement plan to allow withdrawal of ground water
for the Dawson aquifer, underlying a 40 acre property in accordance with the
terms and conditions of a Determination of Water Right, No. 307-BD. Receipt No.
Status: Acknowledgment mailed June 26, 2003. The Hearing Officer reviewed the
stipulation and withdrawal of the objection and vacated the hearing scheduled for
November 14, 2003. This case is closed.
Field, John & Rita Case number: 03-GW-18
Designated Upper Black Squirrel Date of 26-Jun-03
Management Upper Black Squirrel
Date of 23-Apr-04 Place of hearing: Rm 814
Subject Objection to application to change the allowed beneficial uses for Determination of
Water Right No. 273-BD.
Status: Acknowledgement mailed November 14, 2003. Hearing scheduled on Fricay, April
23, 2004 starting at 10:00 .m., in Room 814.
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