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OPTION 2 for Rule 7.5 (& Rule 8) 7.5 Increase in Permitted Irrigated Acreage (Including Rotation of Acres) 7.5.1 No increase in permitted irrigated acreage will be allowed as a change of water right. 7.5.1 Application shall be on a form prescribed by the Commission. No application shall be considered complete without a statement from the applicant agreeing to comply with metering and administrative requirements set forth in the application. 7.5.2 Implementing the practice of rotational acres shall be considered an increase in the permitted irrigated acreage and subject to the requirements of Rule 7.5. 7.5.3 An increase in acreage allowed to be irrigated shall not result in an increase over the amount of water historically depleted by the well from the aquifer. The future average annual appropriation allowed from a well under this Rule shall not exceed the average legal historic withdrawal of water from the well and may be less than the historic withdrawal to ensure no increased depletion of the aquifer, i.e., to compensate for any reduction in return flows back to the aquifer . The burden of proof for the application shall rest with the applicant. The provisions of Rule 7.10 shall apply to establish the historic withdrawal and depletion by a well. 7.5.4 The allowed maximum annual amount of withdrawal from a well shall be administered by the three-year modified banking provisions of Rule 7.11. 7.5.5 Administrative Conditions The following conditions are necessary in order to control and monitor ground water withdrawals when operating under an approval of expanded acres: 7.5.5.1 All wells approved for expanded acres shall have a flow meter installed and approved by the Commission or its authorized agent. Any alternate method or device for measurement instead of a flow meter must be Commission approved. A backup meter shall be kept on hand unless a specific backup water measurement program is approved by the staff. 7.5.5.2 No person shall begin the irrigation of expanded acres until the well owner has signed a contract with the Management District or the Commission to pay the actual cost of administration, or until the well owner has contracted with a person or entity acceptable to the Commission to perform the same services as would otherwise be performed by the Commission, and the Commission determines, after consultation with the District, that the terms of the said contract provide for the required administration of the expanded acres. RULE 8 FLOW METER REQUIREMENTS 8.1 The Commission has the authority to require a totalizing flow meter or other measuring device for any well in a designated ground water basin. In the exercise of this authority the Commission shall consider these rules and Management District rules and regulations. In cases where Management District rules and regulations require a meter, the Commission shall require a meter and notify the applicant of the District's meter requirements as a condition of a new permit, replacement permit, or a change of water right approval unless the District notifies the Commission that it waives the requirement. The Commission shall require meters in the following cases regardless of the Districts' metering requirements: A. For wells which are relocated pursuant to Rule 7.3. B. For all increases of acreage or implementation of rotational acres pursuant to Rule 7.5. C. B. For any commingling of wells pursuant to Rule 7.6. D. C. For any change of type of use approved pursuant to Rule 7.7. E. D. For all large-capacity wells for municipal, commercial or industrial use. F. E. For all large-capacity wells completed in bedrock aquifers. 8.2 When a meter is required, it shall be the owner's responsibility to keep the meter in acceptable operating condition. The Commission may adopt standards and specifications for measuring devices and the installation, repair, and maintenance of measuring devices. As a minimum, meters shall be installed according to the manufacturer's recommendations and shall contain sufficient recording digits to assure that "roll over" to zero does not occur within three years. Meters shall be maintained by the well owner so as to provide a continuous, accurate record of withdrawals. If the meter is not operational, the well shall not be pumped unless a working meter is installed or unless a specific backup water measurement program approved by the Commission is put into effect. 8.3 The Commission may allow any alternate methods or devices for measurement instead of totalizing flow meters. 8.4 Well owners are responsible to record the meter reading as required but no less than once each year and to retain these records and submit them to the Colorado Ground Water Commission and the applicable management district upon request. 8.5 Exceptions to these metering guidelines may be approved by the Commission on a case by case basis. PROPOSED RULE CHANGES PAGE 9 Note: Any deletions are shown by striking a line through the letters. Any additions are shown by capital letters. C:\GWC\Rules\Aug04 Rule Changes\DraftFinalStaffproposedchangesRev1.doc Minutes-1st '04.doc MINUTES FIRST QUARTERLY MEETING COLORADO GROUND WATER COMMISSION FEBRUARY 24, 2004 The First Quarterly Meeting of the Colorado Ground Water Commission took place on February 24, 2004, at the Wray Community Hall, 245 4th Street, Wray, Colorado. Chairman Earnest Mikita called the meeting to order at 8:30 a.m. Marta Ahrens called the roll and determined that a quorum was present. Commission members present were Eugene Bauerle, Larry Clever, Dennis Coryell, Ralph Curtis, Richard Huwa, Robert Loose, Earnest Mikita, Max Smith, Hal Simpson, Russell George and Ted Kowalski. Commissioner Frank Jaeger was absent. Review and approval of agenda items - Mr. Ted Kowalski moved to approve the agenda items; the motion was seconded by Commissioner Clever, and carried unanimously. Approval of Minutes for meeting of November 21, 2003 - Chairman Mikita asked if there were any corrections or additions to the Minutes of the November 21, 2003 meeting. Commissioner Clever moved to accept the Minutes; the motion was seconded by Commissioner Loose and carried unanimously. Report of the Executive Director by Hal Simpson – Mr. Simpson introduced Mr. Russell George, the new Executive Director of the Department of Natural Resources. He thanked the members of the Commission who were able to attend the informative and educational Ogallala Symposium and expressed appreciation to Mr. Joel Schneekloth for organizing the symposium. Mr. Simpson reported that the Republican River Coordinating Committee, established by Senator Hillman and Representative Brophy, held its first meeting January 31, 2004. Commissioners Gene Bauerle and Dennis Coryell are the Commission’s representatives on the Committee, and there are a number of representatives from the Ground Water Management Districts. The Committee was briefed on the current situation, the short-term and long-term issues, and discussed possible ways to fund solutions that will involve retirement of irrigated lands. The Committee will meet again in Brush following today’s Ground Water Commission meeting. With regard to the Kansas v. Colorado litigation, Mr. Simpson reported that Kansas filed exceptions, as expected by Colorado. The primary exceptions were that they did not believe that a 10-year moving total was appropriate in determining compact compliance, they did not agree that there was no need for a Federal River Master, they did not agree with the procedure to computer pre-judgment interest, and did not agree that Colorado was in compliance from 1997-1999. Oral arguments may be held in the fall. Mr. Simpson reported on SB-118, which is sponsored by Senator Entz, and is a result of action that took place in the Lower Arkansas River Basin when the Lower Arkansas Water Conservancy District was established, and an additional water conservancy district was established in Logan County. The boundaries overlie portions of the Southern High Plains and Northern High Plains designated basins. The bill will allow the districts or the Commission to be able to exclude lands that were claimed by these water conservancy districts. The bill passed the Senate Ag Committee, and passed a second reading of the Senate and no amendments were made. There was opposition to it by the Conservancy Districts and the Colorado Water Congress. Mr. Simpson stated that at the next Commission meeting in May there will be a fairly intense hearing on the Booker appeal. Biennial Election of Chair and Vice-Chair – Commissioner Coryell moved that the Commission retain the Chairman and Vice Chairman for another year term. Commissioner Clever seconded the motion. Commissioner Loose moved that the nominations be closed, which was seconded by Commissioner Curtis. Chairman Earnest Mikita was elected to serve as Chairman and Commissioner Smith as Vice-Chairman for another term. Hearing on a request for a variance to Designated Basin Rule 7.10.1 relating to an application by Steve and Ronda Hayes to expand the acres for the well with Permit No. 11744-FP, by Mike Shimmin, attorney for well owners – Mr. Mike Shimmin stated that this case has been before the Commission at two previous meetings. Mr. Shimmin provided a brief background of the case for the benefit of new ex-officio member Russ George. As suggested by Commissioner Kowalski at the last meeting, a recommendation was made to consider an expanded acres application which would be based on the statement of beneficial use and power records. Mr. Shimmin stated that granting this variance would not create an adverse precedence for the future. A strict application to the rule would cause an unusual hardship to the Hayes as it would cause them to dry up 65 acres and they would suffer financially. On the question of no injury, nothing new will happen if the variance is approved, the acres that have been irrigated will continue to be irrigated, and no injury will result. Mr. Shimmin asked the Commission to find that under these circumstances this variance request is justifiable. Ms. Suzanne Sellers, of the staff, reported on how the staff would process this change of water right application. The staff would look at what was pumped, divide it by a ratio of what was allowed and what was irrigated. Ms. Sellers stated that there are no records from the last ten years. Mr. Matt Poznanovic, from the Attorney General’s Office, representing staff, discussed the procedure of a variance request and stated that it may only be granted upon evidence of unusual hardship and the facts causing the hardship must be unique. Following deliberation by the Commission members, Commissioner Clever moved that the Commission grant the variance request to Designated Basin Rule 7.10.1 to Steve and Ronda Hayes to allow them to use 1979 as the irrigation year of record instead of the last ten years. The motion was seconded by Commissioner Smith and passed unanimously.