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<br />The applications are effectively requesting ability to irrigate 40 acres anywhere within a 260 acre area. While the applicant could apply for a series of changes of description of irrigated
<br /> acres under Rule 7.4, they may end up running into conflict with Rule 7.4.2 that says an application for a change in description of acres shall be deemed as an application for rotational
<br /> acres if the permit has already been granted a change of description of acres twice within the last four years.
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<br />The applications are technically requests to allow rotational acres. Pursuant to Rule 7.5.2, requests for rotational acres shall be considered an increase in the permitted irrigated
<br /> acreage and subject to the requirements of Rule 7.5. Rule 7.5 states an increase in acreage shall not result in an increase over the amount of water historically depleted by the well,
<br /> requiring the standards of Rule 7.10 (actual historical use over a 10 year period) to be applied in establishing the historic withdrawal and depletion of a well. Application of this
<br /> standard to these permits would result in a significant limitation on the future ability of the wells to withdraw water, with future pumping limited to about 15 af/yr (the approximate
<br /> amount of water pumped during the past 17 years).
<br />
<br />The applicant has requested a variance from application of Rules 7.4 and 7.5, so as to allow these applications to be evaluated under the standards of a change in description of acres
<br /> per Rule 7.4, rather than under the standards of rotational acres under Rule 7.5, so that future use would be limited by the currently permitted use (diversions of up to 105 af/yr)
<br /> rather than actual historical use (diversions of approximately 15 af/yr).
<br />
<br />The applicant’ situation is unique, and is likely not the type of situation that was envisioned at the time the rules were written. The applicant indicates that normally a given plot
<br /> is irrigated for 3-4 years, which is a greater period than Rule 7.4.2 requires for evaluation as rotational acres. Continually requesting changes of description of acres could constitute
<br /> unusual hardship in consumption of time, effort, and money.
<br />
<br />The variance request was published along with the applications to change the use of the wells on March 12 and 19, 2008, and no objections were received by April 21, 2008, the end of
<br /> the objection period.
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<br />Staff recommends approval of the variance, subject to the applicant being required to provide identification of the specific 40 acres that will be irrigated, and that any time the specific
<br /> acreage is changed the applicant submit to the Commission a description of the changed acreage.
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<br />StaffMemo-USDA-Variance.doc
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<br />Memorandum
<br />Upcoming Commission Meeting
<br />Page 2
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<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
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<br />C. MAX SMITH, CHAIRMAN, Walsh; DENNIS W. CORYELL, VICE-CHAIRMAN, Burlington; GRANT H. BLEDSOE, Wray; LARRY W. CLEVER, Grand Junction;
<br />EARNEST L. MIKITA, Calhan; DOUGLAS L. SHRIVER, Monte Vista; COREY M. HUWA, Roggen; FRANK P. JAEGER, Elizabeth; ROBERT R. LOOSE, Wiggins
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<br />USDA Variance Request Page
<br />May 6, 2008
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<br />StaffMemo-USDA-Variance.pdf
<br />StaffReportMay08.doc 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 /> Bill Ritter, Jr.
<br /> Governor
<br />
<br /> Harris D. Sherman
<br /> Executive Director, DNR
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<br /> Vacant.
<br /> Executive Director
<br />May 16, 2008 Meeting
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<br />MEMORANDUM
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<br />TO: Dick Wolfe, Executive Director – Ground Water Commission
<br />
<br />FROM: Keith Vander Horst, Designated Basins Team
<br />
<br />SUBJECT: Staff Activity Report for February 1, 2008 through April 30, 2008
<br />
<br />Various activities performed during the last quarter are briefly described below.
<br />
<br />New and Replacement Applications
<br />
<br />Table 1 provides a breakdown, by basin, of permitting activity for the last quarter. Permit activities are summarized as follows:
<br />
<br />Small capacity:
<br />111 small-capacity new and replacement well permit applications were received
<br />100 small-capacity new and replacement well permits were issued
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<br />Large Capacity:
<br />237 large-capacity new and replacement well permit applications, and Determination of Water Right applications, were received
<br />109 large-capacity new and replacement well permits, and Determination of Water Rights, were issued
<br />
<br />Table 2 provides details on the pending individual large-capacity new and replacement permit applications and Determination of Water Right applications.
<br />
<br />Change Applications
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<br />Table 1 also gives a breakdown, by basin, of change application activities for the last quarter:
<br />95 new applications were received
<br />6 change applications were approved
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<br />Table 3 provides details on the individual pending change applications.
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<br />Final Permit Activities
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<br />Below is a summary of the Final Permit Activity for the last quarter and a summary of the status of the Final Permit Project as a whole. Staff is currently working on clarifying, publishing
<br /> and issuing final permits for the Southern High Plains, Kiowa-Bijou, and Upper Black Squirrel Creek Designated Basins.
<br />
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<br />Final Permit Activity This Quarter
<br />Basin Requests for SBUs* Permits Clarified Permits Published Final
<br />Permits Issued
<br />Misc. Contacts** Southern High Plains 24 35 0 0 315 Upper Big Sandy 0 0 0 0 0 Kiowa-Bijou 0 0 141 141 12 Northern High Plains 0 0 2 0 0 Lost Creek 0 0 0 0 0 Camp Creek 0 0 0 0 0 Upper
<br /> Black Squirrel Creek 0 0 0 0 0
<br />* This field tracks only the first request for a Statement of Beneficial Use (SBUs).
<br />** This field tracks meetings with the irrigators, telephone conversations, second and third requests for SBUs and other correspondence such as corrections to a previously submitted
<br /> statement, reminders to return an amended statement or a request for a change in ownership form.
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<br />Final Permit Activity to Date Basin Total Number of Permits Total Final Permits Issued Percent Complete Upper Crow Creek
<br />103
<br />102
<br />99% Northern High Plains 4306
<br />4305
<br /> 100% Lost Creek 414 292 71% Camp Creek 50 44 88% Upper Black Squirrel Creek 211 139 66% Southern High Plains 1234 401 33% Kiowa-Bijou 977 479 49% Upper Big Sandy 122 122 100% Total 7417 5884
<br />79%
<br />Objections/Hearings
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<br />Below is a list of cases pending with the Commission. Details on each case are listed in the Attorney General’s and Hearing Officer's reports. The Staff took part in a hearing on
<br /> the Schramm Feedlot Inc. case, and spent time trying to resolve and otherwise work on other cases. Cases that have been appealed to District Court include: The Booker applications
<br /> were tried by the El Paso County District Court, the applicants have requested the Court to reconsider. The Upper Black Squirrel Creek GWMD Rules 17, 18 & 19 are on appeal to El Paso
<br /> County District Court. The Central & John Moser request to designate the Box Elder Creek basin has been appealed to the Weld County District Court.
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